GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts, omissions, applications, or interpretations alleged to be violations of the terms or conditions of this Agreement. Grievances shall be filed within thirty (30) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance. Grievances shall be reduced to writing, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever a grievance is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation Section 2. Time limits specified in this and the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part of the grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step of the grievance procedure, the Employer fails to issue a response within the specified time limits, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance file.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts, omissions, applications, or interpretations alleged to be violations of the terms or conditions of this Agreement. Grievances shall be filed within thirty (30) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance. Grievances shall be reduced to writing, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever a grievance is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation:
Section 2. Time limits specified in this and the above-above- referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part of the grievance record. “Filed” ―Filed‖ for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step of the grievance procedure, the Employer fails to issue a response within the specified time limits, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance file.
Section 3. When required by the Employer to investigate the grievance, any time spent by employee(s) to attend meetings during regular working hours, shall be considered as work time.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts, omissions, applications, or interpretations alleged 10:01 Statement of Cooperation The Board and the Federation agree that they will use their best efforts to be violations encourage the informal and prompt settlement of disputes which may arise under the terms or and conditions of this Agreement.
Section 10:02 Definition of Grievance A grievance is a complaint by an employee, by a group of employees or by the Federation that there has been, according to the grievant, a violation, misinterpretation or inequitable application of any provision of the Agreement. Grievances Accordingly, the parties agree that any and all disputes arising under the terms and provisions of this Agreement or involving its interpretation shall be filed within thirty resolved in accordance with the grievance and arbitration procedures established herein, with the exception that any grievance involving the removal, discharge or constructive discharge of an employee or involving the disciplinary demotion or reduction in rank of a tenured employee, shall be heard and resolved in accordance with provisions of Article III – Discipline (30Provisions Common to All Employees), instead of through grievance and arbitration.
Section 10:03 General Provisions
(a) calendar days Each formal statement of a grievance must contain the question at issue, a statement of facts, the specific Article of this Agreement which allegedly is being violated, the relief requested, the signature of the date grievant and the signature of an authorized Federation representative. However, if the individual bringing the grievance declines representation by the Federation as provided in Section 10:03 (c) below, the signature of an authorized Federation representative is not required, nor will the signature of an authorized Federation representative be required in the situation where the grievant or does not wish to disclaim Federation representation but the Union knows or by reasonable diligence should have known of the alleged grievance. Grievances shall be reduced Federation indicates in writing that it does not wish to writing, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of purse the grievance. Grievances Any grievance not bearing the signature of an authorized Federation representative will not be processed unless it is accompanied by a disclaimer form or by a written communication from the Federation indicating that the Federation will not pursue the same.
(b) All grievances beyond the building level must be transmitted by U. S. Postal Service, certified mail, return receipt requested or personally delivered and receipted.
(c) An employee shall be filed through have the appropriate steps right of this procedure on representation by the form identified as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever a grievance is properly filed at that stepFederation, and provided there has been no response from Agency management to only by the filed grievanceFederation, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation
Section 2. Time limits specified in this and the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part all steps of the grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic formatprocedure herein, or fax received an employee may choose to decline Federation representation and represent himself. If an employee declines representation by close the Federation, he shall do so on an official disclaimer form obtained from the Administration or from the Federation.
(d) The Federation retains its right to determine if any grievance, not withdrawn, may proceed to arbitration.
(e) Any employee required to participate at a grievance hearing or arbitration during his scheduled work time shall suffer no loss of pay, benefits or leave time thereby.
(f) The parties may, upon mutual agreement in writing, extend all grievance deadlines.
(g) Upon the failure of the business day or actual receipt. Grievance filings and appeals shall include Federation to process the grievance form and to its next step or to arbitration within the time limits provided in this Article, the case of appeals management responses grievance shall be deemed resolved by the decision at the previous prior step. Any other documentation Also, absent the authorization of the Federation, no employee may be presented at process a grievance past Step I, the Superintendent’s level.
(h) Upon the failure of the Board to meet any time limit as prescribed in this Article, the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal automatically be advanced to the next higher step level.
(i) As used herein, "days" shall begin mean calendar days.
(j) Meetings held under the first day following provisions of this Article shall be conducted at a time and place which will afford a fair and reasonable opportunity for the day grievant, his representatives and witnesses to attend. When such meetings are held during school hours, the Employer response is due grievant, his representatives and any witnesses required shall be excused without loss of pay. In class grievances, the Federation shall be the representative of the class and shall act as the nominal grievant.
(k) All grievance and arbitration meetings and hearings shall be open to all grievants and non- sequestered witnesses. Such meetings and hearings shall also be open to representatives of the parties and to those charged with responsibility for conducting said meetings or receivedhearings. If at All such hearings and meetings shall be closed to the press and to the general public except for any hearing or meeting required by law to be open.
(l) By mutual written agreement, the parties may bypass any step of the grievance procedure.
(m) Bargaining Unit members who no longer are employed by the Board shall retain the right to grieve within the grievance time frame alleged violations of this Agreement which occurred during their employment or concurrent to their involuntary termination.
(n) The authority of any arbitrator selected shall be limited solely to construing and interpreting the Agreement, and he shall have no power to add, to modify or subtract from any of the terms of the Agreement.
(o) The fees and expenses of any arbitrator selected under this Article shall be paid by the losing party in the event the grievance is either affirmed or denied in its entirety by the arbitrator. Should the grievance be affirmed in part and denied in part, the Employer fails to issue fees and expenses of the arbitrator shall be borne equally by the parties.
(p) Either party may request the presence of a response within court reporter for an arbitration hearing or for a hearing before the specified time limitsBoard. If only one (1) party requests the presence of a court reporter, that party shall bear the grievance shall automatically advance cost of the reporter along with the cost of furnishing a copy of the reporter's transcript to the next other party.
(q) If only one (1) party requests the postponement of an arbitration hearing, that party shall bear the cost of such a postponement.
(r) By mutual agreement, a grievance may be settled at any step without establishing a precedent.
(s) The parties may mutually agree to take any particular grievance to expedited arbitration.
(t) The Federation shall have the right to have its representatives present at all steps of the grievance and arbitration procedure unless withdrawn save and except for such hearings as may be convened for purposes of discipline which the grievant demands be closed to the public and at which the grievant declines representation.
(u) No action may be taken by the grievant Board against any employee because of his participation in a grievance.
(v) No competing labor or teacher organization or its representatives shall have the Union. If the grievant or Union fails right to meet the specified time limits, the participate at any step/level of this grievance will be considered withdrawn and it cannot be resubmitted. procedure.
Section 10:04 Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part Step I - Superintendent's Level Within 15 calendar days of the occurrence of circumstances giving rise to a grievance file.or within ten
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances 17.01 Members of the bargaining unit will follow all written and verbal orders given by supervisors even if such orders are defined as acts, omissions, applications, or interpretations alleged to be violations of the terms or conditions of in conflict with this Agreement. Grievances Compliance with such orders will not prejudice the right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance.
17.02 For the positions covered under this Agreement, a grievance is a claimed violation of this Agreement and/or Orange County Policy Manual Operational Regulations, Administrative Regulations, Departmental SOPs, Performance Evaluations that adversely impact pay or promotions or any other County or departmental policy which govern the members of this unit. No grievance will or need be entertained or processed unless prepared in writing in the manner described herein and unless filed in the manner provided herein within the time limit prescribed herein. A grievance may be filed by a bargaining unit employee and/or by the Union. Union grievances must be approved by a principal officer and submitted by an Executive Board member and/or union staff member. In the event that the Union files a separate grievance on the same or related issue which gave rise to the original grievance, all related grievances must be consolidated for review. Union and termination grievances shall be filed within thirty (30) calendar days of automatically handled at Step 2 by the date the Fire Chief or designee. The grievant or the Union knows or by reasonable diligence should have known of the alleged and Management may agree to waive Step 1 in any grievance. Grievances regarding oral warnings may not be advanced beyond Step 2. Grievances regarding written reprimands and performance evaluations may not be advanced beyond Step 3. In regards to transfers-mandatory transfers may proceed to arbitration. Transfers as defined in 28.02A (3) shall not be eligible for grievance. Oral warnings and written reprimands will not be considered as a basis for further disciplinary action after eighteen (18) months from the date of discipline. This exclusion does not apply when the offense of the reprimand for which discipline involves harassment or workplace violence.
A. It is the intent of the parties that a grievance must be raised at the earliest possible time. Any grievance in order to be entertained and processed must be submitted in writing at Step 1 (Pre-Grievance) within ten (10) business days after initial knowledge of the action allegedly giving rise to the grievance; which means, within ten (10) business days after knowledge of a final decision which will or may result in the adverse personnel action which is the subject of the grievance.
B. A matter otherwise constituting a grievance not presented at Step 1 within the time limit prescribed in Step 1 and in compliance with paragraph A, above, shall be reduced conclusively barred on the merits following expiration of the prescribed time limit. Such a time barred grievance need not be entertained or processed, and only facts disputed as to writingtiming will be the subject of any arbitration resulting from the matter. Failure on the part of the County to respond within the time limit set forth at steps one and two automatically moves the grievance to the next step. Failure on the part of the aggrieved employee or Union to so proceed within the time limit after expiration of the time limit for the County's response shall cause the matter to be barred as set forth in this paragraph.
C. A time limit at any stage of the grievance procedure may be extended by written mutual agreement of the Union and the County.
D. All grievances shall be dated and signed by the aggrieved employee or Union representative. Any decision rendered shall be in writing and shall be dated and signed by the County's representative at that step.
E. In any grievance, stating there shall be set forth in space provided on the specific Article(s) alleged grievance form or on attachments, if necessary, all of the following:
1. A complete statement of the grievance and facts upon which it is based;
2. The section or sections of this Agreement claimed to have been violated and/or Orange County Policy Manual, Operational Regulations, Administrative Regulations, Departmental SOPs, Performance Evaluations that adversely impact pay or promotions or any other County or departmental policy or practice which govern the members of this unit;
3. The remedy or correction requested.
F. Unless mutually agreed, all grievance hearings will be held during business hours and clear explanation when the grievant is on duty whenever possible.
G. Any grievance filed on behalf of or for the alleged violation, sufficient benefit of any employee or employees must specifically name all such employees and may not be amended after completion of Step 2 to allow processing of the grievanceadd names. Grievances No monetary or other relief shall be filed through granted or awarded to any employee not so named unless the appropriate steps of this procedure on County so decides.
H. In all cases requiring the form identified as aggrieved employee or the Official Statement of Grievance Form. Except Union to timely present or advance a grievance to a designated County official, hand delivery during the initial thirty (30) calendar day filing period at Step 1 or Step 2hours of 9:00 AM until 5:00 PM, whenever a grievance is properly filed at that stepMonday through Friday, and provided there has been no response from Agency management except holidays hereunder, to the filed grievance, the Union shall not expand upon the original elements and substance office of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances that official shall be processed in accordance sufficient for compliance with this Article and it shall be prescribed time limits if the sole and exclusive method of resolving grievances, except designated official is not personally available for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downward, and Reallocationservice.
Section 2. Time limits specified I. Nothing in this and Agreement shall prohibit the above-referenced Articles shall be strictly observed, unless either Party requests presence of a specific extension Union representative at all steps provided in this procedure.
J. Non dues paying members may avail themselves of time, which if agreed to, must be stipulated in writing and shall become part of the grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step of the grievance procedure.
K. As used in this Article, the Employer fails to issue a response within the specified time limitsterm business days does not include Saturdays, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn Sundays and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance fileHolidays.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section One: Step #1. Grievances are defined as acts, omissions, applications, or interpretations : Within seven (7) days (excluding Saturdays and Sundays) after the occurrence of an alleged to be violations of the terms or conditions of this Agreement. Grievances shall be filed within thirty (30) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance. Grievances shall be reduced to writing, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever a grievance is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall submit such grievance in writing to the Section Supervisor. Within five (5) days (excluding Saturdays and Sundays) after the receipt of said notice, said Supervisor shall arrange to and shall meet with said Union for the purpose of adjusting or resolving such grievance. Such Supervisor shall render a decision within five (5) days (excluding Saturdays and Sundays) of such meeting. If such grievance is not expand upon resolved to the original elements and substance satisfaction of the written Union, the Union may, within five (5) days (excluding Saturdays and Sundays) of such decision, initiate Step #2 of this procedure. Step #2: Further review of such grievance shall be made by presenting in writing such grievance to the Superintendent of Schools. Within ten (10) days (excluding Saturdays and Sundays) after receipt of said notice, the Superintendent or his delegate shall arrange to and shall meet with the Union for the purpose of adjusting or resolving such grievance. The Union may add other relevant Articles Superintendent or his delegate shall render a decision in writing concerning such grievance within five (5) days (excluding Saturdays and Sundays) of such meeting. If such grievance is not resolved to the list satisfaction of Articles allegedly violated at the Union, the Union may, within five (5) days (excluding Saturdays and Sundays) of such decision initiate Step 2#3 of this procedure. All grievances Step #3: Further review of such grievance shall be processed made by presenting in writing such grievance to the Board of Education of the Town of Fairfield. Within fourteen (14) days Step #4: Further review of such grievance shall be made by submitting this dispute to arbitration by the American Arbitration Association within ten (10) days (excluding Saturdays and Sundays) of notification of the decision of the Board. The notice of arbitration shall include a brief statement of the issues to be decided by the arbitrator and the specific provisions of the agreement involved. Said Association shall hear and act on such dispute in accordance with its rules of voluntary labor arbitration. The decision of the arbitrator, if made in accordance with his jurisdiction and authority under this Article and it agreement, shall be the sole final and exclusive method of resolving grievances, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation
binding on all parties. Section 2. Time limits specified in this and the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part of the grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step of the grievance procedure, the Employer fails to issue a response within the specified time limits, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance file.Two:
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as actsA. A grievance within the meaning of this Agreement shall be any dispute concerning the interpretation, omissions, applications, application or interpretations alleged to be violations claimed violation of the terms a specific term or conditions provision of this Agreement. Grievances shall be filed within thirty (30) calendar days A prompt and efficient method of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievancesettling grievances, as herein defined, is both desirable and necessary. Grievances shall be reduced to writing, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever a grievance This is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances, except procedure for the following Articles: Article 2resolution of grievances under this Agreement. Moreover, notwithstanding the availability of the formal procedures of this Article, it is agreed an informal resolution of any dispute is desirable. The parties agree that such informal resolution shall occur, if possible, by direct discussion between the Union and the University’s Director of Part--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave Time Faculty Personnel Administration.
B. An aggrieved Faculty member or the Union shall present a grievance within twenty (FMLA/OFLA20) Article 81--Reclassification Upwardworking days of its occurrence or discovery, Reclassification Downwardor such grievance shall be deemed waived. The grievance must be reduced to writing and must specify the nature of the grievance, the provision(s) of this Agreement at issue, and Reallocation
Section 2the relief requested. Time limits specified in this and A grievance alleging a violation of Article XV (Non- Discrimination) must include the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of timefollowing waiver language, which if agreed to, must be stipulated in writing and shall become part signed by the grievant: “If I am alleging illegal discrimination, I understand that I have a choice of pursuing my rights under Title VII of the grievance record. “Filed” for purposes Civil Rights Act of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office)1964 and/or any other applicable federal, date of email or other electronic formatstate, or fax received local non-discrimination law (e.g., the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Equal Pay Act, the District of Columbia Human Rights Act) either through the federal, state, and local regulatory and statutory procedures, or through this Grievance and Arbitration Procedure, but not both. I understand that by close filing a grievance claiming discrimination, I voluntarily waive my rights to pursue the same matter through the EEOC or applicable State or District of the business day Columbia agencies, or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation through a lawsuit.” A Faculty member may be presented accompanied by a Union representative starting at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step Step 2 of the grievance procedure, except that a Faculty member may be accompanied by a Union representative at any investigatory interview that the Employer fails Faculty member reasonably believes may result in disciplinary action, including at Step 1 of the grievance procedure.
C. The following steps shall be followed in the processing of grievances:
Step 1. The Faculty member shall file the grievance with his/her Department Chair or Program Director within twenty (20) working days of its occurrence or discovery. If the grievance is not resolved satisfactorily within ten (10) working days thereafter, the grievance may proceed to issue Step 2. Furthermore, while the Faculty member and the University are encouraged to resolve disputes at Step 1, the Union may initiate a response grievance on the Faculty member’s behalf at Step 2, provided it is so initiated within the twenty (20) working days specified in paragraph B above. In the event an individual Faculty member and the University settle a dispute without the written and express agreement of the Union, that settlement will not create a precedent for either party in the interpretation or application of this Agreement.
Step 2. If the grievance is not resolved at Step 1, the Faculty member may request that the Union appeal the grievance to Step 2. The Union shall meet with the grievant and, if the Union deems the grievance to be meritorious, it may file the Step 2 grievance with the ▇▇▇▇ of the appropriate School or his/her designee within ten (10) working days of receipt of the Step 1 response, or within ten (10) working days of the deadline for the Step 1 response, if none was received. If the grievance is filed within the time limits, the grievance ▇▇▇▇ or his/her designee shall automatically advance conduct a meeting for the purpose of attempting to resolve the next step of the grievance procedure unless withdrawn by the grievant or the Uniongrievance. If the grievant grievance is not resolved at this meeting, the ▇▇▇▇ or his/her designee shall respond to the Union in writing within twenty (20) working days of the meeting. If the ▇▇▇▇ or his/her designee fails to meet respond within twenty (20) working days of the specified time limitsmeeting, the grievance will be considered withdrawn and it canmay proceed to Step 3.
Step 3. A grievance not be resubmitted. Grievance steps referred to in this Article resolved at Step 2 may be waived appealed in writing by the Union to the University’s ▇▇▇▇▇▇▇ and Executive Vice President for Academic Affairs or his/her designee within ten (10) working days of the conclusion of Step 2. A meeting for the purpose of attempting to resolve the grievance shall be held at this Step. If the grievance is not resolved at this meeting, the ▇▇▇▇▇▇▇ and Executive Vice President for Academic Affairs or his/her designee shall respond to the Union in writing within twenty (20) working days of the meeting. Any grievance filed by the Union on behalf of two or more Faculty members, or involving the discharge of a Faculty member or a grievance against a ▇▇▇▇, may be initiated at Step 3. Additionally, as to any other grievance, the parties may proceed initially at Step 3 if by mutual agreement agreement, in writing. Such written agreements shall become part of the grievance file.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts5.1: In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, omissionsit is agreed and understood that there shall be a procedure for the resolution of grievances between an employee and the City of Coconut Creek, applications, and that such procedure shall cover grievances involving the application or interpretations alleged to be violations of the terms or conditions interpretation of this Agreement. Grievances shall be filed within thirty (30) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance. Grievances shall be reduced to writing, stating the specific Article(s) alleged to have been violated Agreement and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever a grievance is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2those involving discipline. All grievances shall be processed pursuant to this Article. Pursuant to F.S.S. 447.301(4), employees covered by this agreement shall have the right to be represented in the determination of grievances on all terms and conditions of employment. Employees shall have the right to refrain from exercising the right to be represented. Nothing in this Article shall be construed to prevent any employee from presenting, at any time, his own grievance in person or by legal counsel, to the City, and having such grievance adjusted without the intervention of the PBA, if the adjustment is not inconsistent with the terms of this Agreement, and if the PBA has been given reasonable opportunity to be present at any meeting called for resolution of such a grievance. It shall be understood that in the event a grievance filed by an individual member of the bargaining unit affects other bargaining unit employees in a similar manner, then the other employees affected shall have the right join in the grievance to state their intention to file a similar grievance by submitting their names to the local PBA Representative. The local PBA Representative shall forward a letter which lists the names of all other grievants, along with the original grievance, at Step #2 of the grievance procedure. In the event that the original grievant abandons the grievance, then one of the grievants as listed in the letter from the PBA, shall have the right to pursue the grievance at its current step in the grievance procedure to its conclusion. Upon resolution of the grievance affecting other employees covered by this Agreement in the same manner, as determined by the Chief of Police, then said resolution shall be uniformly applied.
5.2: Time is considered to be of the essence for purpose of this Article. Accordingly, any grievance not submitted or processed by the grieving party in accordance with this Article and it the time limits provided below shall be the sole considered conclusively abandoned and exclusive method of resolving grievances, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation
Section 2. Time limits specified in this and the above-referenced Articles shall be strictly observedbarred, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing forfeited and foreclosed for all contractual or legal purposes and shall become part of the grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and result in the case forfeiture of appeals management responses at the previous stepall rights to arbitration. Any other documentation may be presented at grievance not answered by management within the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal time limits provided below will automatically advance to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step of the grievance procedure, the Employer fails to issue a response within the specified time limits, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance file.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts, omissions, applications, or interpretations alleged to be violations of the terms or conditions of this Agreement. Grievances shall be filed within thirty (30) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance. Grievances shall be reduced to writing, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever a grievance is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation
Section 2. Time limits specified in this and the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part of the grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step of the grievance procedure, the Employer fails to issue a response within the specified time limits, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance file.the
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts, omissions, applications, or interpretations alleged to be violations of the terms or conditions of this Agreement. Grievances shall be filed within thirty (30) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance. Grievances shall be reduced to writing, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever a grievance is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation:
Section 2. Time limits specified in this and the above-above- referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part of the grievance record. “Filed” ―Filed‖ for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step of the grievance procedure, the Employer fails to issue a response within the specified time limits, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance file.the
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are 4-1 A grievance is defined as actsany dispute which arises regarding an interpretation, omissions, applications, application or interpretations alleged to be violations violation of any of the terms or conditions provisions of this Agreement. Grievances A grievance may be filed by an employee of the School District covered by this Agreement, or by the Association. The Association may also file a grievance on behalf of a class of employees of the School District covered by this Agreement. A grievance shall 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. No precedent shall be set between the District and the Association as a result of a grievance filed within thirty by an individual unless the Association submits the matter to Step Three, Arbitration.
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 STEP ONE: INFORMAL DISCUSSION/MEDIATION
(30a) calendar days Both parties encourage employees covered by this Agreement to resolve their problems with their principal or supervisor whenever possible. The provisions of this Article are not intended to preclude a teacher with a potential grievance from informally discussing the problem with his/her immediate supervisor prior to filing a formal grievance although such discussions are not part of the date formal grievance procedure. In addition, utilization of the grievant Step One discussion/mediation shall not be used against the employee. Further, the employee does so without waiving the due process rights stipulated under the CBA.
(b) If a teacher requests an informal discussion or mediation with the principal of the school, or the Union knows department director if the assignment is not school-based, concerning the subject matter of a potential grievance, such informal discussions or by reasonable diligence should have known mediation will be held within twenty (20) days after the affected teacher or the Association first knew of the alleged grievanceact or condition upon which the potential grievance is based. Grievances If the informal discussion or mediation does not occur within the twenty (20) day time limit, a grievance may be processed to the Pre-grievance Resolution process as set forth in Article 4-4 below, or to Step Two as set forth in Article 4-5 below.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall be reduced to writing, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure no bearing or precedential effect on the form identified as the Official Statement resolution of Grievance Form. Except during the initial thirty that grievance or any similar grievance filed in accordance with this Article.
(30d) calendar day filing period at Step 1 or Step 2, whenever If a grievance is properly filed at resolved as a result of an informal discussion, the principal or the grievant may reduce that step, and provided there has been no response from Agency management resolution to writing prior to the filed grievance, the Union shall not expand upon the original elements and substance termination of the written time limits for filing a formal grievance. The Union may add other relevant Articles absence of such a written resolution executed by both parties shall serve as notice to the list grievant involved to file a formal grievance if that teacher so desires.
(e) Such informal discussions shall not modify the time limits set forth in Step Two of Articles allegedly violated at Step 2the formal grievance procedure.
(f) Either party to this Agreement may request mediation. Mediation may be utilized when both parties to the dispute voluntarily agree to participate to resolve disputes. Timelines are not suspended pending mediation, except with the written agreement of both parties. It is understood that the parties to the dispute are the District and the Association.
4-4 All grievances shall be processed as follows: Pre-grievance Resolution
(a) If the grievance is not resolved at Step One or if the grievance was not presented at Step One, the Association may submit in writing a proposal of resolution of the potential grievance to the Associate Superintendent, Human Resources Division, or the Superintendent’s designee before the Association files a formal written grievance.
(b) The proposal of resolution submitted to the Associate Superintendent, Human Resources Division, or the Superintendent’s designee will include the violation of policy and/or contract and the requested resolution, along with a written narrative of the issue(s) and the document(s) involved.
(c) The traditional timeline to grieve, as outlined in Article 4-5 (a) below, will be suspended during the Pre-grievance Resolution process, provided that the proposal of resolution was submitted prior to the expiration of the traditional grievance timeline. The timeline will resume if and when either party terminates the Pre-grievance Resolution process in writing.
(d) 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 other grievance filed in accordance with this Article.
(e) In the event the Pre-grievance Resolution is denied or unresolved by either party in writing, the grievant may submit the matter to Step Two of the grievance procedure in accordance with the timelines provided in Article 4-5 below.
(f) The submission of a Pre-grievance Resolution in no way guarantees that the School District will grant the requested resolution.
4-5 STEP TWO: SCHOOL DISTRICT
(a) If the grievance is not resolved at Step One, the grievant may submit in writing the unresolved grievance to the Associate Superintendent, Human Resources Division or the Superintendent's designee not later than thirty (30) days after the grievant first knew of the act or condition upon which the grievance is based. An authorized signature on a United States postal "return receipt" or dated hand delivery receipt shall serve as proof of submission.
(b) In the event a grievance is submitted to Step Two in a timely manner, the Associate Superintendent, Human Resources Division, or the Superintendent's designee shall schedule a meeting with the grievant within seven (7) days to be held no later than twenty (20) days after receipt of the grievance unless timelines have been waived in writing.
(c) In the event a grievance is not resolved at this meeting, the Associate Superintendent, Human Resources Division, or the Superintendent's designee shall, within ten (10) days after the meeting, submit a written response to the grievance, to the individual and it to the Association. Any resolution of the grievance in favor of the grievant shall be the sole and exclusive method of resolving grievances, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation
Section 2. Time limits specified in this and the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and copies forwarded to both the affected employee and the Association. If the Associate Superintendent, Human Resources Division, or the Superintendent's designee fails to respond within ten (10) days as referred to in this paragraph or if a mutually agreed upon time extension is not agreed upon, the grievance shall become part be deemed in favor of the grievant.
(d) If a grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic formatis either denied, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses not resolved at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step Step Two of the grievance procedure, the Employer fails grievance shall be deemed withdrawn with prejudice unless timely filed at Step Three, Expedited Arbitration, in accordance with the provisions of Step Three below.
4-6 STEP THREE: EXPEDITED ARBITRATION
(a) In the event a grievance is not resolved during the Pre-grievance Resolution process, if any, or at Step Two of the grievance procedure, only the Association, not later than twenty (20) days after the expiration of the time limit set forth in Article 4-5(c) above, may request arbitration of the unresolved grievance in accordance with the provisions set forth below. A request for arbitration shall be made by delivering to issue the Associate Superintendent, Human Resources Division, or the Superintendent's designee written notice of the intent to arbitrate. A United States postal "return receipt" or dated hand delivery receipt shall serve as proof of delivery. The Association agrees that it will not delegate to anyone the right to arbitrate. This shall not be construed to mean that the Association may not determine the identity of its representative at such arbitrations. It is agreed that the American Arbitration Association will provide full service administered arbitration under the American Arbitration Association's Labor Arbitration Rules.
(b) The panel of arbitrators in use at the end of the current school year shall continue in effect unless the District and the Association agree to change the number of arbitrators. If they are unable to agree on a response within new number of arbitrators to serve on the specified time limitspanel, the number shall be nine (9). If the District and the Association cannot agree on the new members of the panel, then the American Arbitration Association (AAA) will be asked to submit a list of twenty-seven (27) arbitrators from which the parties shall strike alternately until the appropriate number of arbitrators has been selected for the panel. By September 30th of each year, each party may remove one (1) arbitrator from the panel. The replacement(s) shall be selected in accordance with the procedure set forth above. All arbitrators must be AAA certified arbitrators.
4-7 The arbitrator shall not have the authority to modify, amend, alter, add to, or subtract from any provision of this Agreement. An arbitrator in the absence of the express written agreement of the parties shall have no authority to rule on any dispute between the parties other than one which qualifies as a grievance as defined in 4-1.
4-8 The arbitrator's decision shall automatically advance be submitted in writing within thirty (30) school days of the close of arbitration or submission of post hearing briefs, whichever comes later, to all parties and shall be final and binding on all parties to this Agreement unless the arbitrator exceeds the powers specified herein, or is guilty of procedural error prejudicing the rights of either party as defined by federal labor law decisions.
4-9 The expenses of arbitration, including the arbitrator's fee/costs and expenses, and the cost of the arbitrator's transcript, shall be borne equally by the School District and the Association. However, all other expenses incurred by either party in the preparation or presentation of its case are to be borne solely by the party incurring such expenses. It is understood and agreed that only the Association has the right to request arbitration and that the Association shall be responsible for its share of the costs as agreed above for any arbitration requested by the Association.
4-10 No reprisals of any kind will be taken by the school trustees or by any member of the administration against any employee because of filing a grievance or because they participated in an orderly manner in the grievance procedure on behalf of the grievant and/or the Association. This provision shall not be construed as an agreement by the School District to pay the grievant or the association representative or any person present on their behalf for the time spent in processing a grievance in accordance with the provisions of this Article. It may occur during or outside the school day. In the event a grievance meeting is scheduled and held during the school day, those employees covered by this Agreement who participate in such a meeting may do so without loss of pay subject to the next step limitations contained in Article 17-1-2.
4-11 No provision of this Article shall be construed to prevent any individual employee covered by this Agreement from discussing any problem, dispute, or even a grievance as defined herein with any supervisor outside the presence of a representative of the Association. However, such discussion shall not relieve any party from compliance with other provisions of this Article in the absence of an express written waiver of such provisions.
4-12 The parties hereby recognize the existence of policies and administrative regulations of the School District to which the employees covered by this Agreement are bound, and which are subject to change by the school trustees of the School District. The parties agree that any disputes arising under the application and/or administration of such policies or regulations relating to subject matter not covered by the provisions of this Agreement shall be processed beginning with Step Two of the grievance procedure unless withdrawn by the grievant or the Unionset forth herein. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part dispute is unresolved after Step Two of the grievance fileprocedure, the dispute may only be processed as follows:
4-12-1 The person initiating the dispute may refer the dispute to the Board of School Trustees and must also inform the immediate supervisor and the Associate Superintendent, Human Resources Division, and/or the Superintendent's designee. When a dispute is so referred, the board or a committee designated by the board shall meet to informally discuss the subject matter of the dispute with the grievant and with representatives of the Association requested to be present by the grievant.
4-12-2 The Superintendent or designee shall prepare a review of the case for the Board of School Trustees and the committee designated by the board if a committee is so designated.
4-12-3 The Board of School Trustees or a committee designated by the board shall make a decision regarding the dispute as to the applicability or administration of district policies or regulations and communicate its decision in writing within thirty (30) days after the final meeting on the dispute.
4-13 It is the intention of the parties that grievances not resolved before the summer recess be resolved as quickly as is reasonably possible. Toward this goal, the parties agree that they will make a reasonable effort to conclude pending grievances before the opening of school in August.
4-14 In the event an employee(s) covered under this Agreement exercises the right to individually process a grievance without assistance from the Association, the District shall provide the Association:
4-14-1 A written copy of the grievance, the name of the grievant(s) to include the work site and the name of the grievant's appropriate administrator.
4-14-2 An opportunity to be present and to submit the Association's position at any meeting with the grievant(s) and at any grievance hearings, suspension hearings, evidentiary hearings, arbitration hearings, or any other meetings.
4-15 A fund of three thousand dollars ($3,000.00) shall be earmarked and designated for the costs of specialized arbitration proceedings. The District, in its sole discretion, shall have the ability to authorize disbursements from the fund which has been earmarked and designated under this provision.
4-16 A joint committee of District and Association representatives shall be formed to discuss the creation and implementation of a Grievance Review Committee.
Appears in 1 contract
Sources: Negotiated Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 11 - An Employee may informally discuss a problem with his/her academic unit
Section 2 - The parties desire a prompt and efficient method of resolving grievances as
Section 3 - A grievance may be filed by the Union or an Employee (with a copy given to
Section 4 - After making efforts to resolve the grievance informally, a grievance shall be Step Two: If the grievance is not resolved at Step One, a Step Two grievance shall Step Three: If the grievance is not resolved at Step Two, a Step Three grievance Step Four:
A. If the grievance is not resolved at Step Three, the grievance shall be submitted by the Employer or the Union within 15 working days after the University has responded to the Step Three grievance or, if no response was given, the date on which that response was due, to an arbitrator selected in accordance with the procedures of the American Arbitration Association. Grievances are defined as actsThe arbitration shall be conducted under the voluntary Labor Arbitration Rules then prevailing of the American Arbitration Association.
B. The fees and expenses of the American Arbitration Association and the Arbitrator shall be borne equally by the parties.
C. The award of the arbitrator hereunder shall be final and binding upon the Employer, omissionsthe Union, applicationsand the Employee. The Arbitrator shall not add to, delete from or interpretations alleged to be violations modify any of the terms or conditions of this Agreement. Grievances specified time limits at any step shall not be filed within thirty (30) calendar days of the date the grievant or deemed acquiescence thereto, and the Union knows or by reasonable diligence should have known of the alleged grievance. Grievances shall be reduced to writing, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever a grievance is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation
Section 2. Time limits specified in this and the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part of the grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal proceed to the next higher step step. Failure to file or advance a grievance in writing within the time limits set forth in this Article shall begin result in a waiver of any right to pursue the first day following matter at issue through this grievance procedure. Any disposition of grievance from which no appeal is taken within the day the Employer response is due or received. If at time limits specified herein shall be deemed resolved and shall not be considered subject to any step of in the grievance procedure, the Employer fails to issue a response within the specified time limits, the grievance shall automatically advance to the next step . of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement Parties in writing. Such written agreements shall become part of the grievance file.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are 4-1 A grievance shall be defined as actsa dispute regarding the interpretation, omissions, applications, application or interpretations alleged to be violations violation of:
(a) Any of the terms or conditions provisions of this Agreement; A grievance may be filed by a lieutenant or captain of the School District covered by this Agreement, or by the Association. A grievance shall not include any matter or action taken for which relief is granted by the Statutes of Nevada.
4-2 Grievances will be brought by individuals or groups of individuals who are directly affected by the nature of this dispute. Grievances may be initiated or pursued at any step and to any higher step by PAA. A grievance filed by the Association involving more than one (1) Police Administrator in more than one (1) location may be commenced at Step Two of the Grievance and Arbitration Procedure by filing a written grievance.
4-3 A grievance as defined above must be filed in writing alleging which terms or provisions under which the dispute arises, and must be filed not later than twenty (20) work days after the affected Police Administrator or Association first knew of the act or condition upon which the grievance is based. A work day shall be filed within thirty (30) calendar days defined as a day in which a covered Police Administrator is required to be present and is present on the job.
4-4 During all procedural steps, each of the date parties to the grievance shall have access at reasonable times to all written statements and records of the grievance. All proceedings in any grievance shall be conducted in private and full confidentiality shall be maintained.
4-5 In the event the grievance is between two (2) members of PAA, the grievant will be represented by PAA during the entire Grievance and Arbitration Procedure.
4-6 All grievances shall be handled in the following manner: Step One - Informal A decision reached between the grievant and the supervisor does not establish a precedent and cannot be utilized as the basis for resolving any other grievance. If the grievant is not satisfied with the response from the immediate supervisor, the grievant may proceed to Step Two. Step Two 4-6-2 If the grievance is not resolved at Step One, the grievant or the Union knows or by reasonable diligence should have known of Association may submit the alleged grievance. Grievances shall be reduced to writing, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever a unresolved grievance is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, Superintendent or designee in signed written form within the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave twenty (FMLA/OFLA20) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation
Section 2. Time limits work day period specified in this and the above4-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part of the grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step of the grievance procedure, the Employer fails to issue a response within the specified time limits, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance file3.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 901 Section 11 – General Principles 902 Basic Means of Settling Grievances 903 The following procedure shall be applied and relied upon by both parties as the basic means of seeking adjustment of and settling grievances. Grievances are defined Grievance, as actsreferred to in this Article, omissionsincludes every dispute concerning interpretation and application of this contract and/or any dispute concerning wages, applicationshours, or interpretations alleged to be violations of the terms or conditions of this Agreementworking conditions. Grievances All such disputes shall be filed subject to the grievance procedure. 904 Time Limits 905 Except for grievances alleging errors in wages, benefits errors, or discharge, each grievance arising under this Agreement shall be presented to the appropriate party within thirty (30) calendar days after the grievant had knowledge of the date the grievant event or the Union knows or by reasonable diligence should have known had knowledge of the alleged grievanceevent. Grievances All discharge grievances shall be reduced referred immediately to writing, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps Step Two of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty within ten (3010) calendar day filing period at Step 1 or Step 2days from the date of the discharge. Any grievance not timely filed is deemed waived by the aggrieved party. 906 Both parties agree that the grievance and arbitration procedure should proceed as expeditiously as possible; however, whenever a grievance is properly filed at that step, by mutual agreement between the Union and provided there has been no response from Agency management to the filed grievanceEmployer, the Union shall not expand upon the original elements and substance time limits of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation
Section 2. Time limits specified in this and the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part of the grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step of the grievance procedure, the Employer fails to issue a response may be extended and this extension must be confirmed in writing within the specified time limits. Both parties agree, however, to make their best effort to abide by the time limits outlined in this Agreement. In the event the Union fails to appeal a grievance in a timely manner, the Union may request an extension and the Employer shall grant such extension. If the Employer fails to respond to the grievance within the time limits specified, the grievance shall automatically advance may be appealed to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance file.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts, omissions, applications, or interpretations alleged to be violations of the terms or conditions of this Agreement. Grievances shall be filed within thirty (30) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance. Grievances shall be reduced to writing, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever a grievance is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances, except for the following Articles: • Article 2--Recognition • Article 5--Complete Agreement/Past Practices • Article 22--No Discrimination • Article 56--Sick Leave (FMLA/OFLA) • Article 81--Reclassification Upward, Reclassification Downward, and Reallocation
Section 2. Time limits specified in this and the above-above- referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part of the grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step of the grievance procedure, the Employer fails to issue a response within the specified time limits, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance file.either
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts, omissions, applications, or interpretations alleged to be violations of the terms or conditions of this Agreement. Grievances shall be filed within thirty (30) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance. Grievances shall be reduced to writing, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever a grievance is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances, except for the following Articles: • Article 2--Recognition • Article 5--Complete Agreement/Past Practices Article 22--No Discrimination • Article 56--Sick Leave (FMLA/OFLA) • Article 22--No-Discrimination • Article 81--Reclassification Upward, -Reclassification Downward, and Reallocation
Section 2. Time limits specified in this and the above-above- referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part of the grievance record. “Filed” for purposes of Step 1 through Step 4 and 2 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings “Filed” for purposes of Steps 3 and appeals 4 shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of mean actual receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step of the grievance procedure, the Employer fails to issue a response within the specified time limits, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance file.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are 4-1 A grievance is defined as actsany dispute which arises regarding an interpretation, omissions, applications, application or interpretations alleged to be violations violation of any of the terms or conditions provisions of this Agreement. Grievances A grievance may be filed by an employee of the School District covered by this Agreement, or by the Association. The Association may also file a grievance on behalf of a class of employees of the School District covered by this Agreement. A grievance shall 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. No precedent shall be set between the District and the Association as a result of a grievance filed within thirty by an individual unless the Association submits the matter to Step Three, Arbitration.
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 STEP ONE: INFORMAL DISCUSSION/MEDIATION
(30a) calendar days Both parties encourage employees covered by this Agreement to resolve their problems with their principal or supervisor whenever possible. The provisions of this Article are not intended to preclude a teacher with a potential grievance from informally discussing the problem with his/her immediate supervisor prior to filing a formal grievance although such discussions are not part of the date formal grievance procedure. In addition, utilization of the grievant Step One discussion/mediation shall not be used against the employee. Further, the employee does so without waiving the due process rights stipulated under the CBA.
(b) If a teacher requests an informal discussion or mediation with the principal of the school, or the Union knows department director if the assignment is not school-based, concerning the subject matter of a potential grievance, such informal discussions or by reasonable diligence should have known mediation will be held within twenty (20) days after the affected teacher or the Association first knew of the alleged grievanceact or condition upon which the potential grievance is based. Grievances If the informal discussion or mediation does not occur within the twenty (20) day time limit, a grievance may be processed to the Pre-grievance Resolution process as set forth in Article 4-4 below, or to Step Two as set forth in Article 4-5 below.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall be reduced to writing, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure no bearing or precedential effect on the form identified as the Official Statement resolution of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 that grievance or Step 2, whenever a any similar grievance is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall be processed in accordance with this Article and it shall be Article.
(d) If a grievance is resolved as a result of an informal discussion, the sole and exclusive method of resolving grievances, except for principal or the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation
Section 2. Time limits specified in this and grievant may reduce that resolution to writing prior to the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part termination of the time limits for filing a formal grievance. The absence of such a written resolution executed by both parties shall serve as notice to the grievant involved to file a formal grievance recordif that teacher so desires. “Filed” for purposes of Such informal discussions shall not modify the time limits set forth in Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic format, or fax received by close Two of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step of the formal grievance procedure, the Employer fails to issue a response within the specified time limits, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance file.
Appears in 1 contract
Sources: Negotiated Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are : A grievance is defined as acts, omissions, applications, or interpretations alleged to be violations any question of the terms interpretation or conditions application of this Agreement. Grievances Agreement and shall be filed processed as follows:
Step 1: The union representative, with or without the aggrieved employee, may take up the grievance or dispute verbally or in writing with the employee's immediate supervisor within thirty five (305) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievancegrievance or his knowledge of its occurrence. Grievances shall be reduced to writing, stating The supervisor may require the specific Article(s) alleged to have been violated and clear explanation attendance of the alleged violationemployee at the discussion if he so elects, sufficient shall attempt to allow processing adjust the matter, and shall respond to the ▇▇▇▇▇▇▇ or representative within five (5) calendar days.
Step 2: If the grievance has not been adjusted, it may be presented in writing to the Department Head within five (5) calendar days after the supervisor's response is received or is due. The Department Head shall investigate the matter, hold such hearings as he deems advisable, and shall respond to the ▇▇▇▇▇▇▇ in writing within five (5) calendar days.
Step 3: If the grievance still remains unadjusted, it may be presented to the Town Manager in writing within five (5) calendar days after the response of the grievanceDepartment Head is due. Grievances The Town Manager may conduct such investigations and hold such hearings as he deems advisable, and shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty respond in writing within fourteen (3014) calendar day filing period at Step 1 or Step 2, whenever a grievance is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance days after receipt of the written grievance.
Section 2: Arbitration If the grievance has not been adjusted, the Union, and not any individual employee(s) may submit the grievance to arbitration. Submission shall be made by registered mail, addressed to the American Arbitration Association, postmarked no later than twenty (20) calendar days following receipt of the Town Manager's response, with a concurrent copy mailed to the Town Manager. Such arbitration shall be conducted under the rules of the American Arbitration Association. The Union may costs shall be shared equally by the parties. The arbitrator's decision shall be final and binding on the parties, provided, however, the arbitrator shall have no power to add other relevant Articles to to, subtract from, alter or amend the list provisions of Articles allegedly violated this Agreement.
Section 3: In those instances where an employee's immediate supervisor is the Department Head, the grievance procedure shall start at Step 2. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation.
Section 2. Time limits specified in this 4: An aggrieved employee may act as the moving party and may process his grievance through the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part various steps of the grievance recordprocedure without the Union representative in attendance, if he so elects. “Filed” for purposes of Step 1 through Step 4 grievances The employee shall mean postmarked (dated by meter or U.S. Post Office)also have the right to process his own grievance with his own personal representative, date of email or other electronic format, or fax received by close but the Union shall have the right to have a representative present at all steps of the business day procedure.
Section 5: Nothing herein contained shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with his supervisor, Fire Chief or actual receipt. Grievance filings and appeals shall include the Town Manager in the hope of having the grievance form and in adjusted to his satisfaction.
Section 6: Once an employee covered by this Contract initiates the case formal processing of appeals management responses at a grievance under this Article, he shall be barred from handling it on a basis with the previous step. Any other documentation may administration, it being the intention of this Agreement that once a remedy of a formal grievance procedure is elected that remedy shall be presented at exclusive.
Section 7: A grievance shall be deemed waived unless processed by the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal grievant to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step of the grievance procedure, the Employer fails to issue a response within the specified time limits specified, provided, however, such time limits may be extended by mutual agreement. Such request for extension shall not be withheld in extraordinary circumstances, which preclude compliance with the time limits, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance file.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1All claims that this Agreement has been violated (i.e., grievances) shall be handled in accordance with the following procedure. Grievances are defined as acts, omissions, applications, No grievance shall be initiated later than thirty (30) days after the grievant knew or interpretations alleged to be violations should have known of the terms event constituting the alleged violation. Step 1:
(a) A grievance under this Agreement shall be handled in the first instance by the employee involved or conditions the Union representative together with his/her supervisor. A grievance submitted to the supervisor in writing shall be answered in writing by the supervisor within one (1) week from the time the grievance was received by the supervisor.
(a) If the grievance is not adjusted under Step 1, the employee or the Union must within two (2) weeks from receipt of the Step 1 answer take up such grievance with the Employer’s designated representative.
(b) Union grievances under this Agreement must be entered in writing at Step 2.
(c) After informal hearings, (if requested) at which the grievant may appear, the Employer’s representative must answer in writing within two (2) weeks of the receipt of the grievance or within two (2) weeks of the hearing if hearings are held. Step 3:
(a) A grievance involving the interpretation or application of one or more specific provisions of this Agreement. Grievances shall Agreement and which is not adjusted under Step 2 must, at the request of the Union, be filed submitted to arbitration within thirty (30) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known receipt of the alleged grievance. Grievances Step 2 determination.
(b) The arbitration shall be reduced held, and the Arbitrator shall be mutually selected by the Parties unless they are unable to writingagree within ten (10) working days (unless mutually extended by the parties) of submission/notification of intent to arbitrate, stating in which case they shall select the specific Article(s) alleged Arbitrator pursuant to have been violated and clear explanation the Rules of the alleged violationAmerican Arbitration Association.
(c) The Arbitrator shall not have jurisdiction to add to, sufficient detract from, or alter in any way the provisions of this Agreement.
(d) The Union and the Employer shall bear equally the fees and other expenses, exclusive of attorney’s fees, incidental to allow processing the arbitration proceedings.
(e) The decision of the grievance. Grievances Arbitrator shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever a grievance is properly filed at that step, final and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation
Section 2. Time limits specified in this and the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part of the grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step of the grievance procedure, the Employer fails to issue a response within the specified time limits, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance filebinding.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1 A grievance is defined as any dispute between the parties hereto, or between an employee and the Employer, arising under the terms and conditions of this Agreement or the interpretation, application, performance, termination or alleged breach thereof. If any such grievance arises it shall be settled and determined exclusively by the following grievance and arbitration procedure, except as provided in Article 10, No Strike – No Lockout and except as set forth in Article 8, Discharge and Discipline. Time limits set forth in the following steps may be extended only by mutual consent of the parties hereto, in writing.
Section 2 The purpose of this Article is to encourage the resolution of grievances at the lowest level possible and on an informal basis. The grievance procedure shall be informal and confidential unless otherwise stated herein.
Step 1. Grievances are defined as acts, omissions, applicationsThe employee shall first attempt to resolve the grievance with their immediate supervisor. The grievance must be made known to the supervisor no later than five (5) working days from the date, or interpretations alleged to be violations within five (5) working days of when the employee should have reasonably known, of the terms occurrence giving rise to the grievance.
Step 2. If the matter is not resolved in Step 1, the employee shall, within five (5) working days after making the grievance known to their immediate supervisor, reduce the grievance to writing and present it to the CNO/Vice President of Patient Services or conditions the designee. A grievance so presented at this step shall be answered by the Employer in writing within five (5) working days after its presentation, with a copy forwarded to the Union (at the North Brunswick office).
Step 3. If the matter is not resolved in Step 2, the employee shall, within five (5) working days after the receipt of the reply of the Employer, refer the grievance in writing to the President/CEO of the Hospital or the designee, with notice to the Union. The Employer shall render its answer in writing within five (5) working days after the presentation of the grievance at this step. A grievance concerning a discharge or a suspension may be presented initially at Step 3, within the time limit specified in Step 1.
Step 4. If the grievance is not settled on the basis of the foregoing procedure, the Union may submit the issue in writing to arbitration within ten (10) working days of the Employer’s answer in Step 3. The arbitration shall be conducted under the Voluntary Labor Arbitration Rules then prevailing of the American Arbitration Association. The arbitrator shall decide the matter within the scope of this Agreement and his decision shall be final and binding upon the Employer, the Union and the employee. The arbitrator shall have no authority to add to, subtract from, or otherwise change or modify or to make a determination inconsistent with the provisions of this Agreement. Grievances Both parties shall pay one-half of the fees of the arbitrator and any other expense jointly incurred incident to the arbitration proceedings. All other expenses shall be filed borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other party.
Section 3 All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays and holidays.
Section 4 Any disposition of a grievance from which no appeal is taken within thirty (30) calendar days the time limits specified herein, or as extended pursuant to agreement, shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of the date Agreement. In the grievant or event the Union knows or by reasonable diligence should have known of Employer representative designated in Steps 1 thru 3 fails to respond to the alleged grievance. Grievances grievance within the designated time period, such failure shall be reduced not constitute acquiescence to writing, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever a grievance is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall grievance must be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation
Section 2. Time limits specified in this and the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part of the grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step of the grievance procedure, the Employer fails to issue a response within the specified time limits, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant Union or the Union. If the grievant employee or Union fails to meet the specified time limits, the grievance will be considered withdrawn resolved.
Section 5 A grievance which affects a substantial number or class of employees, and it cannot which the Employer representative designated in steps 1 and 2 lacks authority to settle, may initially be resubmitted. Grievance steps referred to presented in this Article may be waived Step 3 by mutual agreement in writing. Such written agreements shall become part of the grievance fileUnion representative.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are 4-1 A grievance is defined as actsany dispute, omissionswhich arises regarding an interpretation, applicationsapplication, or interpretations alleged to be violations violation of any of the terms or conditions provisions of this Agreement. Grievances 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) school work 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 the 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 the Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate Supervisor or the Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) calendar school work days of from the date the grievant or the Union knows or by reasonable diligence should have known of last day the alleged grievance. Grievances violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall be reduced to writing, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure no bearing or precedential effect on the form identified as the Official Statement resolution of Grievance Form. Except during the initial thirty that grievance or any similar grievance filed in accordance with this Article.
(30d) calendar day filing period at Step 1 or Step 2, whenever If a grievance is properly filed at resolved as a result of an informal discussion, the Immediate Supervisor or Appropriate Administrator may reduce that step, and provided there has been no response from Agency management resolution to writing prior to the filed grievance, the Union shall not expand upon the original elements and substance termination of the written time limits for filing a formal grievance. The Union may add other relevant Articles Any written resolution shall be acknowledged by both parties and forwarded to the list Association and the superintendent’s designee, Employee-Management Relations Office. The absence of Articles allegedly violated at Step 2. such a written resolution shall serve as notice that the formal grievance procedure may be initiated.
4-6 All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation
Section 2. Time limits specified in this and the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part of the grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step of the grievance procedure, the Employer fails to issue a response within the specified time limits, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance file.manner:
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1A. A Civil Service employee may file his/her grievance under either the Civil Service appeal procedure or the contract grievance procedure. Grievances are defined as actsIf an appeal is filed under the Civil Service appeal procedure, omissions, applications, or interpretations alleged then the contract grievance procedure shall cease and shall not be permitted to be violations reinstituted. If an appeal is filed under the Civil Service appeal procedure, the employee shall not be entitled to institute proceedings under the contract grievance procedure, all rights to so do being waived by the exercise of an option by the employee to utilize the Civil Service procedure.
B. All grievances or disputes arising during the term of this Agreement concerning the interpretation or application of the terms provisions of this Agreement shall be handled by the following procedure.
C. Any time limits herein may be extended by mutual agreement between the Employer and the Union.
D. Grievances which can be adjusted only at a given level of management may be initially presented at the appropriate step of the Grievance Procedure. (This provision shall not be construed to permit the presentation of grievances at a step other than the proper step of the Grievance Procedure.) the arbitrator, either party may request the American Arbitration Association to submit a list of seven possible arbitrators. The parties shall communicate within five working days of the receipt of said list for the purpose of selecting the arbitrator by alternately striking one name from the list until one name remains. The Employer shall strike the first name. The cost of arbitration shall be shared equally by the parties. Where one of the parties to this Agreement requests a postponement of a previously scheduled arbitration meeting which results in a postponement charge, the postponing party shall pay such charge unless such postponement results in a settlement of the grievance in which event the postponement charge shall be divided equally between the parties. A postponement charge resulting from a joint postponement request shall be shared equally by the parties. The arbitrator may not add to, delete from or conditions alter any of the provisions of this Agreement. Grievances The decision of the arbitrator shall be filed final and binding in all cases submitted to him except where the decision would require an enactment of legislation in which case it shall be binding only if such legislation is enacted. The Arbitrator shall be requested to issue his decision within thirty (30) calendar 30 days after the hearing or receipt of the date the grievant or the Union knows or by reasonable diligence should have known transcript of the alleged grievancehearing. Grievances A reasonable number of witnesses, when required, shall be reduced permitted to writingparticipate in this grievance and arbitration procedure. The United Food and Commercial Workers-Commonwealth Expedited Arbitration Procedure shall continue in effect during the term of this Agreement. A Union representative, stating the specific Article(s) alleged to have been violated and clear explanation if an employee of the alleged violationEmployer, sufficient upon request to allow processing of the grievance. Grievances his immediate supervisor, shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except granted reasonable time during the initial thirty (30) calendar day filing period at Step 1 or Step 2working hours, whenever a grievance is properly filed at that stepif required, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All process grievances shall be processed in accordance with this Article and it Agreement without loss of pay or leave time.
E. The Employer shall be the sole and exclusive method of resolving grievancesnot demote, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upwardsuspend, Reclassification Downward, and Reallocation
Section 2. Time limits specified in this and the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part of the grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic formatdischarge, or fax received by close of the business day take any disciplinary action against an employee without just cause. An employee may appeal a demotion, suspension or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses discharge beginning at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any second step of the grievance procedure, within seven days of its occurrence. The Union shall be notified within five days by the Employer fails of any demotion, suspension or discharge. Any action instituted under this Section shall be implemented within a reasonable period of time after the event giving rise to issue such disciplinary action or knowledge thereof. The provisions of this Section shall not be applicable during the contractual probationary period in Article 2, Section C.
F. The Employer and the Union agree to continue the alternative forms of discipline in lieu of suspension actions program in accordance with the side letter dated August 10, 1999.
G. The Employer will attempt to discipline employees in such a response within way so as not to embarrass the specified time limitsemployee before the public or other employees. This section will also apply to instances when an employee is escorted off of the Employer’s premises. It must be kept in mind, however, that where insubordination or flouting of authority by an employee in public and/or in the presence of other employees occurs, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn Employer will not be restricted by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in operation of this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance fileSection.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are : A grievance is defined as acts, omissions, applications, or interpretations alleged to be violations any question of interpretation or application of the terms or conditions of this Agreement. Grievances Agreement and shall be filed processed as follows:
Step 1: The Union Representative, with or without the aggrieved employee, may take up the grievance or dispute verbally or in writing with the employee's immediate supervisor within thirty five (305) calendar working days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievancegrievance or his knowledge of its occurrence. Grievances shall be reduced to writing, stating The supervisor may require the specific Article(s) alleged to have been violated and clear explanation attendance of the alleged violationemployee at the discussion if he so elects, sufficient shall attempt to allow processing adjust the matter, and shall respond to the ▇▇▇▇▇▇▇ or representative within five (5) working days.
Step 2: If the grievance has not been adjusted, it may be presented in writing to the Department Head within five (5) working days after the supervisor's response is received or is due. The Department Head shall investigate the matter, hold such hearings as he deems advisable, and shall respond to the ▇▇▇▇▇▇▇ in writing within five (5) working days.
Step 3: If the grievance still remains unadjusted, it may be presented to the Town Manager in writing within five (5) working days after the response of the grievanceDepartment Head is due. Grievances shall be filed through the appropriate steps of this procedure on the form identified The Town Manager may conduct such investigations and hold such hearings as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever a grievance is properly filed at that stephe deems advisable, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance respond in writing within ten (10) working days after receipt of the written grievance.
Section 2: Arbitration: If the grievance has not been adjusted, the Union, and not any individual employee(s), may submit the grievance to arbitration. Submission shall be made by registered mail, addressed to the American Arbitration Association, postmarked no later than twenty-eight (28) calendar days following receipt of the Town Manager's response, with a concurrent copy mailed to the Town Manager. Such arbitration shall be conducted under the rules of the American Arbitration Association. The Union may costs shall be shared equally by the parties. The arbitrator's decisions shall be final and binding on the parties. The arbitrator shall have no power to add other relevant Articles to to, subtract from, alter or amend the list provisions of Articles allegedly violated this Agreement.
Section 3: In those instances where an employee's immediate supervisor is the Department Head, the grievance procedure shall start at Step 2. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation.
Section 2. Time limits specified in this 4: An aggrieved employee may act as the moving party and may process his grievance through the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part various steps of the grievance recordprocedure without the Union representative in attendance, if he so elects. “Filed” for purposes The employee shall also have the right to process his own grievance with his own personal representative, but the Union shall have the right to have a representative present at all steps of Step 1 through Step 4 grievances the procedure.
Section 5: Nothing herein contained shall mean postmarked (dated by meter or U.S. Post Office)be construed as limiting the right of any employee having a grievance to discuss the matter informally with his supervisor, date of email or other electronic formatDepartment Head, or fax received by close the Town Manager, in the hopes of the business day or actual receipt. Grievance filings and appeals shall include having the grievance form and in adjusted to his satisfaction.
Section 6: Once an employee covered by this Contract initiates the case formal processing of appeals management responses at a grievance under this Article, he shall be barred from handling it on an informal basis with the previous step. Any other documentation may administration; it being the intention of this Agreement that once a remedy of a formal grievance procedure is elected, that remedy shall be presented at exclusive.
Section 7: A grievance shall be deemed waived unless processed by the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal grievant to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step of the grievance procedure, the Employer fails to issue a response within the specified same time limits specified, such time limits may be extended by mutual agreement. Such request for extension shall not be withheld in extraordinary circumstances which preclude compliance with the time limits, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance file.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts, omissions, applications, or interpretations alleged to be violations 8.01 The grievance procedure herein provided is among the most important matters in the successful administration of the terms or conditions of this Agreement. Grievances shall be filed within thirty (30) calendar days of the date the grievant or The Company and the Union knows or by reasonable diligence should have known of therefore agree that the alleged grievance. Grievances designated grievance procedure as hereinafter set forth shall be reduced to writing, stating the specific Article(s) alleged to have been violated serve and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever a grievance is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall be processed in accordance with this Article and it shall be constitute the sole and exclusive method of resolving grievances, except means to be utilized by the grievor for the following Articles: Article 2--Recognition Article 5--Complete proper disposition, decision and final settlement of a grievance arising in respect of the interpretation or alleged violation of this Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downward, and Reallocationthe specifically designated grievance procedure shall be strictly followed. Wherever the term “grievance procedure” is used in this Agreement it shall be considered as including the arbitration procedure. A “grievance” is defined as a difference between the Company and the Union/employee relating to the interpretation, application, or administration of this Agreement.
Section 28.02 All time limits found in the grievance procedure herein contained shall be deemed to mean “the employee's normal scheduled work week” excluding designated statutory holidays. Time limits specified stipulated in this and the above-referenced Articles Article shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part counted from the day following the submission of the grievance recordor the reply. “Filed” for purposes An employee may have the assistance of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the his Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If ▇▇▇▇▇▇▇ at any step of the grievance procedure, .
8.03 All time limits found in the Employer fails grievance procedure are mandatory and must be met; failure of the Union to issue advance a response grievance within the specified agreed time limits at any step of the procedure shall constitute abandonment of such grievance. Should management fail to answer the grievance within the agreed time limits, then the grievance shall automatically advance will proceed to the next step of without the grievance procedure unless withdrawn Company's answer. Time limits may be extended, provided it is agreed by both parties in writing, and either party will not unreasonably withhold such extensions.
8.04 All grievances must be in writing setting out the matter complained of, the remedy sought and signed by the grievant grievor and the ▇▇▇▇▇▇▇ representing the grievor.
8.05 A complaint or grievance by an employee which has been settled between the Union. If Company and an authorized Union representative or disposed of pursuant to the grievant arbitration provisions, herein shall not again be made the subject matter of a complaint or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance filegrievance.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts17.01 Should any dispute arise between the Board and any Employee(s) regarding the interpretation, omissionsmeaning, applications, operation or interpretations alleged to be violations of the terms or conditions application of this Agreement. Grievances , including any question as to whether a matter is arbitrable; or should any allegations be made that this Agreement has been violated, or should any dispute arise, an ▇▇▇▇▇▇▇ effort shall be filed within thirty (30) calendar days made to settle the dispute in the following manner: Prior to filing any grievance pursuant to this article, an Employee should, where appropriate, first approach the Employee’s immediate supervisor to inform the supervisor of the date the grievant or the Union knows or by reasonable diligence should have known facts of the alleged grievancematter and seek clarification where warranted. Grievances The Employee may choose to be accompanied by an Association representative. Any discussion at this stage shall be reduced without prejudice to writing, stating the specific Article(s) alleged to formal grievance process and shall have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure no effect on the form identified timelines for filing a grievance as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at set out in Step 1 or Step 2, whenever a grievance is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. below.
(a) All grievances shall be processed submitted within twenty-one (21) working days of the alleged incident. In the event of a grievance originating while an Employee is on an approved leave of absence from work, such grievance shall be lodged within twenty-one (21) days of the said Employee returning to work. The grievance shall be submitted in accordance writing and state the nature and particulars of the grievance and the remedy or solution sought.
(b) STEP 1 - The aggrieved Employee(s) shall first attempt to resolve the grievance by submitting the grievance in writing to their Applicable Administrator. The Administrator shall render their decision within five (5) working days after receipt of the grievance.
(c) STEP 2 - Failing satisfactory settlement within five (5) working days after the dispute was submitted under Step 1, the Association Committee will submit to the Secretary-Treasurer a written statement of the particulars of the grievance and the redress sought. The Secretary-Treasurer shall render their decision within five (5) working days after receipt of such notice.
(d) STEP 3 - Failing settlement being reached in Step 2, the Association Committee will submit the written grievance to the Board of Trustees who shall render its decision within a reasonable amount of time.
(e) STEP 4 - Failing a satisfactory settlement being reached in Step 3, the Association shall indicate their intent to proceed or not to proceed to arbitration within five (5) working days.
17.02 The time limits in both the Grievance Procedure and the Arbitration Procedure may be extended by consent of the Parties to this Agreement, in writing. Failure to comply with the time limits as set forth in this Article or subsequently extended by mutual agreement shall result in the grievance being deemed to have been abandoned and it all rights or recourse to the Grievance Procedure shall be the sole and exclusive method of resolving grievances, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave at an end.
(FMLA/OFLAa) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation
Section 2. Time limits specified in this and the above-referenced Articles shall be strictly observed, unless When either Party requests that a specific extension of timegrievance be submitted to arbitration, which if agreed tothe request shall be made, must be stipulated in writing and shall become part writing, addressed to the other Party of the grievance recordAgreement.
(b) Within fourteen (14) days thereafter, each Party shall name an arbitrator to an Arbitration Board and notify the other Party of the name and address of its appointee. “Filed” for purposes These two arbitrators shall appoint a third person, who shall be mutually satisfactory to both Parties, to act as Chair.
(c) If the recipient of Step 1 through Step 4 grievances the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chair within fourteen (14) days, the appointment shall mean postmarked be made by the Manitoba Labour Board upon the request of either Party.
(dated by meter d) The decision of the Arbitration Board shall be final and binding on both Parties, but in no event, shall the Board of Arbitration alter, modify or U.S. Post Office), amend this Agreement in any respect.
(e) The Parties to this Agreement request that the Board of Arbitration hand down its decision within fifteen (15) days from the date of email or other electronic format, or fax received by close the hearing.
(f) Each Party shall pay the fees and expenses of its appointee and one- half of the business day or actual receipt. fees and expenses of the Chair.
(g) The time limits fixed in both the Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation Arbitration Procedures may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step of the grievance procedure, the Employer fails to issue a response within the specified time limits, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn extended by the grievant or consent of both parties.
17.04 Nothing herein shall prohibit the UnionParties from agreeing on a single arbitrator. If the grievant or Union fails to meet the specified time limitsParties so agree, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in provisions of this Article may be waived by mutual agreement in writing. Such written agreements relating to an Arbitration Board shall become part of apply mutatis mutandis to the grievance filesingle arbitrator.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances 7.1 Grievance and arbitration procedures are defined as acts, omissions, applications, or interpretations alleged to be violations of among the terms or conditions most important matters in the successful administration of this Agreement. Grievances The Employer and Union therefore agree that the specifically designated Grievance and arbitration procedure, as hereinafter set forth, shall serve as and constitute the sole and exclusive means to be used by the griever for the prompt disposition, decision and final settlement, without work stoppage, of a Grievance and the specifically designated Grievance and arbitration procedure shall be filed properly followed.
7.2 A Temporary or Probationary Employee shall not be entitled to make any use of the Grievance or arbitration procedures. In particular, Discipline imposed by the Employer in respect of any Temporary or Probationary Employee shall not be the subject of a Grievance or arbitration. The word "Employee" used in this Article shall mean Permanent Employee.
7.3 The Employer shall be under no obligation to consider or process any Grievance unless such Grievance has been presented to the Employer in writing at Step 1 of the Grievance procedure within thirty five (305) calendar working days from the time the circumstances upon which the Grievance is based were known or should have been known by the griever. However, if the Employer does consider or process a Grievance which has been presented late, the Employer shall not be estopped or precluded at any stage from taking the position that the Grievance is late and not arbitrable.
7.4 No Employee shall have a Grievance until he has discussed his complaint with his immediate supervisor. If the immediate supervisor does not promptly settle the matter to the Employee's satisfaction, the Grievance shall be processed as follows:
STEP 1 An Employee's Grievance must be submitted in writing by the Employee to the immediate supervisor within five (5) working days from the time the circumstances upon which the Grievance is based were known or should have been known by the Employee. The Grievance in writing referred to above shall be signed by the Employee and shall specifically identify:
(a) the facts giving rise to the Grievance;
(b) the section or sections of the Agreement claimed to be violated; and
(c) the relief requested. The immediate supervisor will give his answer by the end of the fifth (5th) working day following receipt of the written Grievance, and the giving of such answer will terminate Step 1.
STEP 2 If the Grievance is not settled at Step 1, the ▇▇▇▇▇▇▇ may present the Grievance to the District Manager or designate within five (5) working days after the termination of Step 1 and a meeting will be arranged at a mutually agreeable time to review and discuss the Grievance. Such meeting will take place within five (5) working days from the date the grievant Grievance is received by the District Manager or designate or at such other time as mutually agreed upon between the Employer and Union. The District Manager or his designate may invite representatives of Management to be present at such meeting. The griever must be represented by a Union knows ▇▇▇▇▇▇▇ or by reasonable diligence should have known of the alleged grievancea Union Business Representative or both. Grievances The griever shall be reduced to writing, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievancepresent if his presence is required by either party. Grievances A decision shall be filed through rendered by the appropriate steps District Manager within five (5) working days from the date of this procedure on such meeting and the form identified as rendering of such decision will terminate Step 2.
STEP 3 If the Official Statement Grievance remains unsettled at the conclusion of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever a grievance is properly filed at that step, and provided there has been no response from Agency management the Grievance may be submitted to the filed grievanceVice President, Human Resources or designate who shall within 5 working days hold a Grievance meeting between the Union shall not expand upon and the original elements and substance appropriate representatives of Management, in a final attempt to resolve the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation
Section 2. Time limits specified in this ▇▇▇▇▇▇▇ and the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part of the grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation griever may be presented present at the grievance this meeting or a method other than emailif requested by either party. The timeline for the Employer response at each grievance step Vice President, Human Resources or designate shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step of the grievance procedure, the Employer fails to issue within a response within the specified time limits, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance file.further five
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts, omissions, applications, or interpretations alleged to be violations of the terms or conditions of this Agreement. Grievances shall be filed within thirty (30) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance. Grievances shall be reduced to writing, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever a grievance is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances, except for the following Articles: • Article 2--Recognition • Article 5--Complete Agreement/Past Practices Article 22--No Discrimination • Article 56--Sick Leave (FMLA/OFLA) • Article 22--No Discrimination • Article 81--Reclassification Upward, Reclassification Downward, and Reallocation
Section 2. Time limits specified in this and the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part of the grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step of the grievance procedure, the Employer fails to issue a response within the specified time limits, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance file.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section One: Step #1. Grievances are defined as acts, omissions, applications, or interpretations : Within seven (7) days (excluding Saturdays and Sundays) after the occurrence of an alleged to be violations of the terms or conditions of this Agreement. Grievances shall be filed within thirty (30) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance. Grievances shall be reduced to writing, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever a grievance is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall submit such grievance in writing to the Section Supervisor. Within five (5) days (excluding Saturdays and Sundays) after the receipt of said notice, said Supervisor shall arrange to and shall meet with said Union for the purpose of adjusting or resolving such grievance. Such Supervisor shall render a decision within five (5) days (excluding Saturdays and Sundays) of such meeting. If such grievance is not expand upon resolved to the original elements and substance satisfaction of the written Union, the Union may, within five (5) days (excluding Saturdays and Sundays) of such decision, initiate Step #2 of this procedure. Step #2: Further review of such grievance shall be made by presenting in writing such grievance to the Superintendent of Schools. Within ten (10) days (excluding Saturdays and Sundays) after receipt of said notice, the Superintendent or his delegate shall arrange to and shall meet with the Union for the purpose of adjusting or resolving such grievance. The Union may add other relevant Articles Superintendent or his delegate shall render a decision in writing concerning such grievance within five (5) days (excluding Saturdays and Sundays) of such meeting. If such grievance is not resolved to the list satisfaction of Articles allegedly violated at the Union, the Union may, within five (5) days (excluding Saturdays and Sundays) of such decision initiate Step 2#3 of this procedure. All grievances Step #3: Further review of such grievance shall be processed made by presenting in accordance writing such grievance to the Board of Education of the Town of Fairfield. Within fourteen (14) days (excluding Saturdays and Sundays) after the Board receives such grievance, the Board shall have the option of meeting with the Union for the purposes of adjusting or resolving such grievance. The Board shall render a decision in writing concerning such grievance within twenty-one (21) days (excluding Saturdays and Sundays) after notification to it. If such grievance is not resolved to the satisfaction of the Union, the Union, may within ten (10) days (excluding Saturdays and Sundays) of such decision, initiate Step #4 of this Article and it procedure. Step #4: Further review of such grievance shall be made by submitting this dispute to arbitration by the sole American Arbitration Association within ten (10) days (excluding Saturdays and exclusive method Sundays) of resolving grievances, except for notification of the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation
Section 2decision of the Board. Time limits specified in this The notice of arbitration shall include a brief statement of the issues to be decided by the arbitrator and the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part provisions of the grievance recordagreement involved. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step of the grievance procedure, the Employer fails to issue a response within the specified time limits, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance file.Said Section Two:
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as actsWhenever a difference arises between the parties concerning the interpretation, omissionsapplication, applications, operation or interpretations alleged to be violations of the terms or conditions violation of this Agreement, including a question as to whether or not a matter is arbitrable, or the dismissal or discipline of an employee is for just cause, the alleged grievance shall be dealt with in the following manner without stoppage of work. The time limits set out for each step of the grievance procedure are mandatory and may only be extended by mutual agreement in writing between the Employer and the Union. If the Employer or the Union does not present a grievance to the next higher level within either the prescribed time limit or the agreed extended time limit, the grievance will be deemed to be abandoned. Levels of the Grievance Procedure Within twenty-eight (28) calendar days of becoming aware of the matter giving rise to the complaint, the may submit a written grievance to the Shop ▇▇▇▇▇▇▇ who will submit it to the employee's immediate supervisor. Within twenty-one (21) working days of the receipt of the grievance, the Employer representative will provide a written response to the If a satisfactory answer has not been obtained, the may within twenty-one (21) calendar days of receipt of the decision at Level advance the grievance to the of the area in which the employee filing the grievance works who will consider the grievance and provide a decision, in writing, within twenty-one (21) calendar days. If a satisfactory answer has not been obtained, the may within twenty-one (21) calendar days of receipt of the decision at Level advance the grievance to the Departmental Manager who will consider the grievance and provide a decision, in writing, within twenty-one (21) calendar days. When the Employer dismisses an Employee, a grievance may be initially presented at Level In the event of a conflict of interest at any level, the Union or Employer shall have the right to initiate and present a grievance commencing at the next level. Grievances shall concerning matters of policy may be filed initiated at Level Subject to Article no proceedings under this Article are invalid by reason of any defect of form or any technical irregularity such as an incomplete grievance form, spelling error, or similar inconsistency, provided such errors or defects have no essential bearing on the substance of the grievance. If the grievance is not satisfactorily settled at Level the grievance may be referred to arbitration, within twenty-one (21) calendar days after the decision received at Level The parties agree that grievances will be heard by a single arbitrator who will be mutually agreed upon by the parties or, if the parties mutually agree, by a three person Arbitration Board. If mutual agreement is not reached by the parties to choose a single arbitrator or Chair of an Arbitration Board within thirty (30) calendar days from the date that either party receives notification of a wish to proceed to arbitration, the Minister of Labour shall be asked to appoint the single arbitrator, or Chair of the date Arbitration Board as necessary. This appointment shall be accepted by both parties. If the grievant parties agree to utilize a three person Arbitration Board, then they each will appoint one person to the Arbitration Board, with the Chair being selected as set out above. The Arbitrator or Arbitration Board has all the Union knows powers granted to arbitrators under the Canada Labour Code, in addition to any powers which are contained in this Agreement but shall not have the authority to alter or by reasonable diligence should have known amend any of the alleged grievance. Grievances shall be reduced to writing, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps provisions of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2Agreement nor to substitute any new provisions in lieu thereof, whenever a grievance is properly filed at that step, and provided there has been no response from Agency management nor to render any decision contrary to the filed grievanceterms and provisions of this Agreement, nor to increase or decrease wages. The Employer and the Union shall not expand upon the original elements and substance each pay one half of the written grievanceremuneration and expenses of the Arbitrator and each party shall bear its own expenses of every arbitration. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation
Section 2. Time limits specified in this and the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part decision of the grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter Arbitrator or U.S. Post Office), date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step of the grievance procedure, the Employer fails to issue a response within the specified time limits, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance Arbitration Board will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance filebinding on both parties.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are : A grievance is defined as acts, omissions, applications, or interpretations alleged to be violations any question of the terms interpretation or conditions application of this Agreement. Grievances Agreement and shall be filed processed as follows:
Step 1: The union representative, with or without the aggrieved employee, may take up the grievance or dispute verbally or in writing with the employee's immediate supervisor within thirty five (305) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievancegrievance or his knowledge of its occurrence. Grievances shall be reduced to writing, stating The supervisor may require the specific Article(s) alleged to have been violated and clear explanation attendance of the alleged violationemployee at the discussion if he so elects, sufficient shall attempt to allow processing adjust the matter, and shall respond to the ▇▇▇▇▇▇▇ or representative within five (5) calendar days.
Step 2: If the grievance has not been adjusted, it may be presented in writing to the Department Head within five (5) calendar days after the supervisor's response is received or is due. The Department Head shall investigate the matter, hold such hearings as he deems advisable, and shall respond to the ▇▇▇▇▇▇▇ in writing within five (5) calendar days.
Step 3: If the grievance still remains unadjusted, it may be presented to the Town Manager in writing within five (5) calendar days after the response of the grievanceDepartment Head is due. Grievances The Town Manager may conduct such investigations and hold such hearings as he deems advisable, and shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty respond in writing with fourteen (3014) calendar day filing period at Step 1 or Step 2, whenever a grievance is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance days after receipt of the written grievance.
Section 2: Arbitration If the grievance has not been adjusted, the Union, and not any individual employee(s) may submit the grievance to arbitration. Submission shall be made by registered mail, addressed to the American Arbitration Association, postmarked no later than twenty (20) calendar days following receipt of the Town Manager's response, with a concurrent copy mailed to the Town Manager. Such arbitration shall be conducted under the rules of the American Arbitration Association. The Union may costs shall be shared equally by the parties. The arbitrator's decision shall be final and binding on the parties, provided, however, the arbitrator shall have no power to add other relevant Articles to to, subtract from, alter or amend the list provisions of Articles allegedly violated this Agreement.
Section 3: In those instances where an employee's immediate supervisor is the Department Head, the grievance procedure shall start at Step 2. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation.
Section 2. Time limits specified in this 4: An aggrieved employee may act as the moving party and may process his grievance through the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part various steps of the grievance recordprocedure without the Union representative in attendance, if he so elects. “Filed” for purposes of Step 1 through Step 4 grievances The employee shall mean postmarked (dated by meter or U.S. Post Office)also have the right to process his own grievance with his own personal representative, date of email or other electronic format, or fax received by close but the Union shall have the right to have a representative present at all steps of the business day procedure.
Section 5: Nothing herein contained shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with his supervisor, Chief of Police or actual receipt. Grievance filings and appeals shall include the Town Manager in the hope of having the grievance form and in adjusted to his satisfaction.
Section 6: Once an employee covered by this contract initiates the case formal processing of appeals management responses at a grievance under this Article, he shall be barred from handling it on a basis with the previous step. Any other documentation may administration; it being the intention of this Agreement that once a remedy of a formal grievance procedure is elected that remedy shall be presented at exclusive.
Section 7: A grievance shall be deemed waived unless processed by the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal grievant to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step of the grievance procedure, the Employer fails to issue a response within the specified time limits specified, provided, however, such time limits may be extended by mutual agreement. Such request for extension shall not be withheld in extraordinary circumstances which preclude compliance with the time limits, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance file.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts17.01 Should any dispute arise between the Board and any Employee(s) regarding the interpretation, omissionsmeaning, applications, operation or interpretations alleged to be violations of the terms or conditions application of this Agreement. Grievances , including any question as to whether a matter is arbitrable; or should any allegations be made that this Agreement has been violated, or should any dispute arise, an ▇▇▇▇▇▇▇ effort shall be filed within thirty (30) calendar days made to settle the dispute in the following manner. Discussion Stage Prior to filing any grievance pursuant to this article, an Employee should, where appropriate, first approach the Employee's immediate supervisor to inform the supervisor of the date the grievant or the Union knows or by reasonable diligence should have known facts of the alleged grievancematter and seek clarification where warranted. Grievances The Employee may choose to be accompanied by an Association representative. Any discussion at this stage shall be reduced without prejudice to writing, stating the specific Article(s) alleged to formal grievance process and shall have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure no effect on the form identified timelines for filing a grievance as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at set out in Step 1 or Step 2, whenever a grievance is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. below.
(a) All grievances shall be processed submitted within twenty-one (21) working days of the alleged incident. In the event of a grievance originating white an Employee is on an approved leave of absence from work, such grievance shall be lodged within twenty-one (21) days of the said Employee returning to work. The grievance shall be submitted in accordance writing and state the nature and particulars of the grievance and the remedy or solution sought. ARTICLE 17 - HEARING OF GRIEVANCES, cont’d
(b) STEP 1 - The aggrieved Emptoyee(s) shall first attempt to resolve the grievance by submitting the grievance in writing to their Applicable Administrator. The Administrator shall render their decision within five (5) working days after receipt of the grievance.
(c) STEP 2 - Failing satisfactory settlement within five (5) working days after the dispute was submitted under Step 1, the Association Committee will submit to the Secretary-Treasurer a written statement of the particulars of the grievance and the redress sought. The Secretary-Treasurer shall render their decision within five (5) working days after receipt of such notice.
(d) STEP 3 - Failing settlement being reached in Step 2, the Association Committee will submit the written grievance to the Board of Trustees who shall render its decision within a reasonable amount of time.
(e) STEP 4 - Failing a satisfactory settlement being reached in Step 3, the Association shall indicate their intent to proceed or not to proceed to arbitration within five (5) working days.
17.02 The time limits in both the Grievance Procedure and the Arbitration Procedure may be extended by consent of the Parties to this Agreement, in writing. Failure to comply with the time limits as set forth in this Article or subsequently extended by mutual agreement shall result in the grievance being deemed to have been abandoned and it all rights or recourse to the Grievance Procedure shall be the sole and exclusive method of resolving grievances, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave at an end.
(FMLA/OFLAa) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation
Section 2. Time limits specified in this and the above-referenced Articles shall be strictly observed, unless When either Party requests that a specific extension of timegrievance be submitted to arbitration, which if agreed tothe request shall be made, must be stipulated in writing and shall become part writing, addressed to the other Party of the grievance recordAgreement.
(b) Within fourteen (14) days thereafter, each Party shall name an arbitrator to an Arbitration Board and notify the other Party of the name and address of its appointee. “Filed” for purposes These two arbitrators shall appoint a third person, who shall be mutually satisfactory to both Parties, to act as Chair.
(c) If the recipient of Step 1 through Step 4 grievances the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chair within fourteen (14) days, the appointment shall mean postmarked be made by the Manitoba Labour Board upon the request of either Party. ARTICLE 17 - HEARING OF GRIEVANCES, cont’d
(dated by meter d) The decision of the Arbitration Board shall be final and binding on both Parties, but in no event, shall the Board of Arbitration alter, modify or U.S. Post Office), amend this Agreement in any respect
(e) The Parties to this Agreement request that the Board of Arbitration hand down its decision within fifteen (15) days from the date of email or other electronic format, or fax received by close the hearing.
(f) Each Party shall pay the fees and expenses of its appointee and one- half of the business day or actual receipt. Grievance filings fees and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step expenses of the grievance procedure, the Employer fails to issue a response within the specified time limits, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance fileChair.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1A. A Civil Service employee may file his/her grievance under either the Civil Service appeal procedure or the contract grievance procedure. Grievances are defined as actsIf an appeal is filed under the Civil Service appeal procedure, omissions, applications, or interpretations alleged then the contract grievance procedure shall cease and shall not be permitted to be violations reinstituted. If an appeal is filed under the Civil Service appeal procedure, the employee shall not be entitled to institute proceedings under the contract grievance procedure, all rights to so do being waived by the exercise of an option by the employee to utilize the Civil Service procedure.
B. All grievances or disputes arising during the term of this Agreement concerning the interpretation or application of the terms provisions of this Agreement shall be handled by the following procedure.
C. Any time limits herein may be extended by mutual agreement between the Employer and the Union.
D. Grievances which can be adjusted only at a given level of management may be initially presented at the appropriate step of the Grievance Procedure. (This provision shall not be construed to permit the presentation of grievances at a step other than the proper step of the Grievance Procedure.) possible arbitrators. The parties shall communicate within five working days of the receipt of said list for the purpose of selecting the arbitrator by alternately striking one name from the list until one name remains. The Employer shall strike the first name. The cost of arbitration shall be shared equally by the parties. Where one of the parties to this Agreement requests a postponement of a previously scheduled arbitration meeting which results in a postponement charge, the postponing party shall pay such charge unless such postponement results in a settlement of the grievance in which event the postponement charge shall be divided equally between the parties. A postponement charge resulting from a joint postponement request shall be shared equally by the parties. The arbitrator may not add to, delete from or conditions alter any of the provisions of this Agreement. Grievances The decision of the arbitrator shall be filed final and binding in all cases submitted to him except where the decision would require an enactment of legislation in which case it shall be binding only if such legislation is enacted. The Arbitrator shall be requested to issue his decision within thirty (30) calendar 30 days after the hearing or receipt of the date the grievant or the Union knows or by reasonable diligence should have known transcript of the alleged grievancehearing. Grievances A reasonable number of witnesses, when required, shall be reduced permitted to writingparticipate in this grievance and arbitration procedure. The United Food and Commercial Workers-Commonwealth Expedited Arbitration Procedure shall continue in effect during the term of this Agreement. A Union representative, stating the specific Article(s) alleged to have been violated and clear explanation if an employee of the alleged violationEmployer, sufficient upon request to allow processing of the grievance. Grievances his immediate supervisor, shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except granted reasonable time during the initial thirty (30) calendar day filing period at Step 1 or Step 2working hours, whenever a grievance is properly filed at that stepif required, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All process grievances shall be processed in accordance with this Article and it Agreement without loss of pay or leave time.
E. The Employer shall be the sole and exclusive method of resolving grievancesnot demote, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upwardsuspend, Reclassification Downward, and Reallocation
Section 2. Time limits specified in this and the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part of the grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic formatdischarge, or fax received by close of the business day take any disciplinary action against an employee without just cause. An employee may appeal a demotion, suspension or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses discharge beginning at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any second step of the grievance procedure, within seven days of its occurrence. The Union shall be notified within five days by the Employer fails of any demotion, suspension or discharge. Any action instituted under this Section shall be implemented within a reasonable period of time after the event giving rise to issue such disciplinary action or knowledge thereof. The provisions of this Section shall not be applicable during the contractual probationary period in Article 2, Section C.
F. The Employer and the Union agree to continue the alternative forms of discipline in lieu of suspension actions program in accordance with the side letter dated August 10, 1999.
G. The Employer will attempt to discipline employees in such a response within way so as not to embarrass the specified time limitsemployee before the public or other employees. This section will also apply to instances when an employee is escorted off of the Employer’s premises. It must be kept in mind, however, that where insubordination or flouting of authority by an employee in public and/or in the presence of other employees occurs, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn Employer will not be restricted by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in operation of this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance fileSection.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts, omissions, applications, or interpretations alleged to be violations of the terms or conditions of this Agreement. Grievances shall be filed within thirty (30) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance. Grievances shall be reduced to writing, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever a grievance is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances, except for the following Articles: • Article 2--Recognition • Article 5--Complete Agreement/Past Practices • Article 22--No Discrimination • Article 56--Sick Leave (FMLA/OFLA) • Article 81--Reclassification Upward, Reclassification Downward, and Reallocation
Section 2. Time limits specified in this and the above-above- referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part of the grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step of the grievance procedure, the Employer fails to issue a response within the specified time limits, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance file.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are 4-1 A grievance is defined as actsany dispute, omissionswhich arises regarding an interpretation, applicationsapplication, or interpretations alleged to be violations violation of any of the terms or conditions provisions of this Agreement. Grievances 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. Time limits indicated at each level of the grievance procedure set forth in this Article shall be
4-3 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) school days.
(a) Both parties encourage Employees covered by this Agreement to resolve their problems with their Immediate Supervisor or the 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 the Appropriate Administrator prior to filing a formal grievance.
(b) If an Employee requests an informal discussion with his/her immediate Supervisor or the Appropriate Administrator concerning the subject matter of a potential grievance, such informal discussions will be held no later than thirty (30) calendar days of School Days from the date the grievant or the Union knows or by reasonable diligence should have known of last day the alleged grievance. Grievances violation occurred.
(c) It is understood and agreed that all aspects of such informal discussions, if any, which take place shall be reduced to writing, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure no bearing or precedential effect on the form identified as the Official Statement resolution of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 that grievance or Step 2, whenever a any similar grievance is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall be processed in accordance with this Article and it 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 sole and exclusive method of resolving grievances, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation
Section 2. Time limits specified in this Association and the above-referenced Articles superintendent’s designee, EmployeeManagement Relations Office. The absence of such a written resolution shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part of serve as notice that the formal grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation procedure may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step of the grievance procedure, the Employer fails to issue a response within the specified time limits, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance fileinitiated.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1A. A Civil Service employee may file his/her grievance under either the Civil Service appeal procedure or the contract grievance procedure. Grievances are defined as actsIf an appeal is filed under the Civil Service appeal procedure, omissions, applications, or interpretations alleged then the contract grievance procedure shall cease and shall not be permitted to be violations reinstituted. If an appeal is filed under the Civil Service appeal procedure, the employee shall not be entitled to institute proceedings under the contract grievance procedure, all rights to do so being waived by the exercise of an option by the employee to utilize the Civil Service procedure.
B. All grievances or disputes arising during the term of this Agreement concerning the interpretation or application of the terms provisions of this Agreement shall be handled by the following procedure.
C. Any time limits herein may be extended by mutual agreement between the Employer and the Union.
D. Grievances which can be adjusted only at a given level of management may be initially presented at the appropriate step of the Grievance Procedure. (This provision shall not be construed to permit the presentation of grievances at a step other than the proper step of the Grievance Procedure.) The parties shall communicate within five working days of the receipt of said list for the purpose of selecting the arbitrator by alternately striking one name from the list until one name remains. The Employer shall strike the first name. The cost of arbitration shall be shared equally by the parties. Where one of the parties to this Agreement requests a postponement of a previously scheduled arbitration meeting which results in a postponement charge, the postponing party shall pay such charge unless such postponement results in a settlement of the grievance in which event the postponement charge shall be divided equally between the parties. A postponement charge resulting from a joint postponement request shall be shared equally by the parties. The arbitrator may not add to, delete from or conditions alter any of the provisions of this Agreement. Grievances The decision of the arbitrator shall be filed final and binding in all cases submitted to him except where the decision would require an enactment of legislation in which case it shall be binding only if such legislation is enacted. The Arbitrator shall be requested to issue his decision within thirty (30) calendar 30 days after the hearing or receipt of the date the grievant or the Union knows or by reasonable diligence should have known transcript of the alleged grievancehearing. Grievances A reasonable number of witnesses, when required, shall be reduced permitted to writingparticipate in this grievance and arbitration procedure. The United Food and Commercial Workers-Commonwealth Expedited Arbitration Procedure shall continue in effect during the term of this Agreement. A Union representative, stating the specific Article(s) alleged to have been violated and clear explanation if an employee of the alleged violationEmployer, sufficient upon request to allow processing of the grievance. Grievances his immediate supervisor, shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except granted reasonable time during the initial thirty (30) calendar day filing period at Step 1 or Step 2working hours, whenever a grievance is properly filed at that stepif required, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All process grievances shall be processed in accordance with this Article and it Agreement without loss of pay or leave time.
E. The Employer shall be the sole and exclusive method of resolving grievancesnot demote, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upwardsuspend, Reclassification Downward, and Reallocation
Section 2. Time limits specified in this and the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part of the grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic formatdischarge, or fax received by close of the business day take any disciplinary action against an employee without just cause. An employee may appeal a demotion, suspension or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses discharge beginning at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any second step of the grievance procedure, within seven days of its occurrence. The Union shall be notified within five days by the Employer fails of any demotion, suspension or discharge. Any action instituted under this Section shall be implemented within a reasonable period of time after the event giving rise to issue such disciplinary action or knowledge thereof. The provisions of this Section shall not be applicable during the contractual probationary period in Article 2, Section C.
F. The Employer and the Union agree to continue the alternative forms of discipline in lieu of suspension actions program in accordance with the side letter dated August 10, 1999.
G. The Employer will attempt to discipline employees in such a response within way so as not to embarrass the specified time limitsemployee before the public or other employees. This section will also apply to instances when an employee is escorted off of the Employer’s premises. It must be kept in mind, however, that where insubordination or flouting of authority by an employee in public and/or in the presence of other employees occurs, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn Employer will not be restricted by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in operation of this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance fileSection.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 111.01 The Authority and the PSAC agree that discussions should occur between employees, the PSAC representatives and Authority representatives, when problems or differences arise, in an attempt to resolve problems or differences. Grievances are defined as actsThis grievance procedure is not intended to preclude any discussion between employees, omissionsPSAC representatives and Authority representatives. Where discussions relating to problems or differences occur, applicationsthe time limits in the Complaint Step will be extended by the appropriate number of days.
11.02 If any difference concerning the interpretation, application, operation or any alleged violation of the Agreement arises between the Authority and the PSAC, or interpretations alleged to be violations of between the terms or conditions of this Agreement. Grievances shall be filed within thirty (30employee(s) calendar days of and the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance. Grievances shall be reduced to writingAuthority, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever a grievance is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances it shall be processed according to the following grievance procedure. Nothing in accordance with this Article provision deprives employee(s) of any rights or remedies to which they are entitled in any legislation, including the transfer legislation. Grievances involving the interpretation, application, operation or any alleged violation of the Agreement must have the approval and it support of the bargaining agent.
11.03 The time limits set out in the grievance procedure are mandatory and not directory. In calculating time limits, Saturdays, Sundays, and holidays shall be excluded. If the sole and exclusive method of resolving grievancestime limits set out in Complaint Step, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation
Section 2. Time limits specified in this and the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part Step 2 or Step 3 of the grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office)procedure are not complied with, date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include then the grievance form and will be considered as being abandoned, unless the parties have mutually agreed, in writing, to extend the case of appeals management responses time limits.
11.04 If the Authority fails to meet a time limit, the PSAC, at the previous step. Any other documentation its option, may be presented at either advance the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step or await the Authority’s response, in which case no time limit shall begin apply against the first day following PSAC until it has received the day Authority’s response.
11.05 Employee(s) shall have the Employer response is due or received. If right to be represented at any step of the grievance procedure. The employee(s) and the PSAC representative shall be given leave with pay to prepare for and attend such meetings. At either the Complaint Step or at Step 2, the Employer fails Authority representative may be assisted by a Human Resource representative. The PSAC shall be given full opportunity to issue a response within the specified time limits, present evidence and make representations throughout the grievance procedure.
11.06 The Authority shall automatically advance to post the next step names and/or titles of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance fileappropriate designated Authority Representatives.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts, omissions, applications, or interpretations alleged to be violations of the terms or conditions SECTION 1 For purposes of this Agreement. Grievances shall be filed within thirty (30) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance. Grievances shall be reduced to writingagreement, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever a grievance is properly filed at that stepdefined as a dispute between the Company and the employees covered by this agreement concerning the application and interpretation of a specific provision or provisions of the agreement as written. A controversy as to any matter not specifically covered by an express provision of this agreement, and provided there has been no response from Agency management or which arose prior to the filed grievancesigning of this agreement, the Union shall not expand upon be subject to the original elements and substance of the written grievancegrievance or arbitration procedures. The Union may add other relevant Articles to procedures set forth in this Article shall be the list exclusive means for the disposition of Articles allegedly violated at Step 2all grievances under this agreement. All grievances shall be processed in accordance with this the following manner: The written grievance shall contain the following:
(a) A statement of the occurrence giving rise to the grievance, containing all known pertinent facts including the employee or employees affected;
(b) The Article and paragraph of this Agreement alleged to have been breached or violated, and the manner in which it was breached or violated;
(c) The date, time and place of the alleged violation;
(d) The names of the persons present, if known, having direct personal knowledge of facts involved;
(e) A statement of what the aggrieved considers a reasonable and appropriate adjustment of the grievance;
(f) The grievance shall be signed by the sole and exclusive method grieving employee; Grievances missing any of resolving grievancesthe above elements shall not be considered. The Project Manager shall give the employee and/or the ▇▇▇▇▇▇▇ a written answer to the grievance within five (5) normal working days of the receipt thereof. If the Project Manager does not respond to the grievance in writing within the time specified, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downwardgrievance will be deemed to have been denied by the Company, and Reallocation
Section 2. Time limits specified in this and the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part of the grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal taken to the next higher step section in this procedure.
SECTION 2 If a grievance affects more than one employee, only one employee shall begin represent the first day following the day the Employer response is due or received. If other grieving employees at any step all steps of the grievance procedure, .
SECTION 3 If the Employer Union or employee fails to issue a response appeal the grievance within the specified time limits, limits set forth in the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limitssteps, the grievance will be considered withdrawn and settled based on the Company's last answer. If the Company fails to respond to the grievance within the time limits set forth in the grievance steps, it cannot shall be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part construed as a denial of the grievance filegrievance.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined It is mutually understood that the prompt presentation, adjustment and resolution of grievances is desirable in the interest of sound relations between employees, the OPBA and the Township. The procedures specified in this Article provide the exclusive system for a fair, expeditious, and orderly adjustment of grievances of bargaining unit employees. Both parties agree that all grievances should be dealt with promptly and every effort should be made to settle grievances as actssoon as feasible, omissionsand if possible, applicationsat the lowest step of this procedure.
Section 2. A grievance is any dispute or difference between the Township and the OPBA or between the Township and an employee, or interpretations alleged to be violations which concerns the interpretation and/or application of the terms or conditions and/or compliance with any provision of this Agreement. Grievances This grievance procedure shall not prec1ude discussions between employees and the Chief of Police or his designee, or the Lieutenant regarding workplace issues.
Section 3. The following procedures shall apply to all grievances rising under this Agreement:
Step 1: A grievance must be presented in writing to the Lieutenant, or his designee, within seven (7) calendar days of the occurrence. The Lieutenant, or his designee, shall have seven (7) days following such presentation to submit a written response.
Step 2: If the grievance is not settled at Step 1, the grievant may appeal in writing to the Chief of Police within seven (7) working days after receipt of the Step 1 answer. The Chief of Police shall answer in writing within seven (7) working days after receipt of the written appeal.
Step 3: If the grievance is not satisfactorily settled at Step 2, the grievance shall be filed submitted to the OPBA, not later than thirty (30) days after the Township's Step 2 answer was issued. Should the OPBA decide to process the grievance further, the OPBA may file, within thirty (30) calendar days of after the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance. Grievances shall be reduced to writingTownship's Step 2 answer was issued, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever a grievance is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation
Section 2. Time limits specified in this and the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part of the grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union an appeal to the next higher step Township's Board of Trustees. Such appeal shall begin the first day following the day the Employer response is due or received. If at any step be in writing, shall include a copy of the grievance procedureoriginal grievance, and shall specify the Employer fails to issue a response within reason why the specified time limits, grievant believes the Step 2 answer is in error. The Board of Trustees or its designated representative shall answer the grievance shall automatically advance in writing within 20 calendar days following receipt of that appeal.
Step 4: If the grievance is not resolved at Step 3, then the OPBA, upon written notice to the next step Board of Trustees not later than ten (10) working days after the Township answer in Step 3, may submit the grievance procedure unless withdrawn by the grievant or the Unionto arbitration. If the grievant or Union fails to meet Township and the specified time limitsOPBA cannot agree upon an impartial arbitrator, the grievance will OPBA may request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Services ("FMCS") and the parties shall thereafter choose an arbitrator by alternate strikes. However, either party may reject one panel provided by FMCS and request a second panel. Order of striking shall be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived determined by mutual agreement in writing. Such written agreements shall become part of the grievance filea coin flip.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 111.1 The FIAA and PSAC agree that discussions should occur between employees, PSAC representatives and the FIAA representatives when problems or differences arise in an attempt to resolve problems or differences. This grievance procedure is not intended to preclude any discussion between employees, PSAC representatives, and the FIAA representatives. Where discussions relating to problems or differences occur, the time limits in the Complaint Step will be extended by the appropriate number of days.
11.2 If any difference concerning the interpretation, application, operation or any alleged violation of the Agreement arises between the FIAA and or PSAC, or between the Employee(s) and the FIAA, it shall be processed according to the following grievance procedure. Nothing in this provision deprives employee(s) of any rights or remedies to which they are entitled in any legislation including the transfer legislation. Grievances are defined as actsinvolving the interpretation, omissionsapplication, applications, operation or interpretations any alleged to be violations violation of the terms or conditions agreement must have the approval and support of this Agreementthe bargaining agent.
11.3 The time limits set out in the grievance procedure are mandatory and not directory. Grievances In calculating time limits, Saturdays, Sundays, and holidays shall be filed within thirty (30) calendar days of excluded. If the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance. Grievances shall be reduced to writingtime limits set out in Complaint Step, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever or Step 3 of the grievance procedure are not complied with, then the grievance will be considered as being abandoned, unless the parties have mutually agreed, in writing, to extend the time limits.
11.4 If the FIAA fails to meet a time limit, PSAC, at its option, may either advance the grievance to the next step or await the FIAA’s response, in which case no time limit shall apply against PSAC until it has received the FIAA’s response. If the FIAA submits a grievance is properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall be processed in accordance with this Article and it 11.07, these provisions apply equally to PSAC.
11.5 Employee(s) shall have the right to be the sole and exclusive method of resolving grievances, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation
Section 2. Time limits specified in this and the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part of the grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If represented at any step of the grievance procedure, the Employer fails . The employee(s) and PSAC representative shall be given leave with pay to issue a response within the specified time limits, prepare for and attend such meetings. PSAC shall be given full opportunity to present evidence and make representations throughout the grievance procedure.
11.6 The FIAA shall automatically advance to post the next step names and/or titles of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance fileappropriate designated FIAA Representatives.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 3601 Section 11 – General Principles 3602 Basic Means of Settling Grievances 3603 The following procedure shall be applied and relied upon by both parties as the basic means of seeking adjustment of and settling grievances. Grievances are defined ▇▇▇▇▇▇▇▇▇, as actsreferred to in this Article, omissionsincludes every dispute concerning interpretation and application of this Agreement and/or any dispute concerning wages, applicationshours, or interpretations alleged to be violations of the terms or conditions of this Agreementworking conditions. Grievances All such disputes shall be filed subject to the grievance procedure. 3604 Time Limits 3605 Except for grievances alleging errors in wages, benefits errors, or discharge, each grievance arising under this Agreement shall be presented to the appropriate party within thirty twenty-one (3021) calendar days after the grievant had knowledge of the date the grievant event or the Union knows or by reasonable diligence should have known had knowledge of the alleged grievanceevent. Grievances All discharge grievances shall be reduced deferred immediately to writing, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. Grievances shall be filed through the appropriate steps Step Two of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty within seven (307) calendar day filing period at Step 1 or Step 2days from the date of the discharge. Any grievance not timely filed is deemed waived by the aggrieved party. 3606 Both parties agree that the grievance and arbitration procedure should proceed as expeditiously as possible; however, whenever a grievance is properly filed at that step, by mutual agreement between the Union and provided there has been no response from Agency management to the filed grievanceEmployer, the Union shall not expand upon the original elements and substance time limits of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances, except for the following Articles: Article 2--Recognition Article 5--Complete Agreement/Past Practices Article 22--No Discrimination Article 56--Sick Leave (FMLA/OFLA) Article 81--Reclassification Upward, Reclassification Downward, and Reallocation
Section 2. Time limits specified in this and the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if agreed to, must be stipulated in writing and shall become part of the grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be presented at the grievance meeting or a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union appeal to the next higher step shall begin the first day following the day the Employer response is due or received. If at any step of the grievance procedure, the Employer fails to issue a response procedure may be extended and this extension must be confirmed in writing within the specified time limits. Both parties agree, however, to make their best effort to abide by the time limits outlined in this Agreement. In the event the Union fails to appeal a grievance in a timely manner, the grievance shall automatically advance will be treated as “withdrawn” by the Union. If the Employer fails to respond to a grievance within the time limits specified, the grievance may be appealed to the next step of the grievance procedure unless withdrawn by the grievant or the Union. If the grievant or Union fails to meet the specified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be waived by mutual agreement in writing. Such written agreements shall become part of the grievance file.
Appears in 1 contract
Sources: Collective Bargaining Agreement