GRIEVANCE AND ARBITRATION PROCEDURES. 10.1 Only matters involving the meaning of the written provisions of this Agreement shall be the subject of a grievance under this Article. The Town shall have the right to discharge bargaining unit Employees who violate this Article. 10.2 Grievances shall be processed as follows: Step 1: The grievant shall file the grievance in writing with the Employee’s Department Head within ten (10) working days after the action which serves as the basis for the grievance. The Department Head will investigate the complaint to determine its validity and shall respond in writing within ten (10) working days. A failure to respond in writing within ten (10) working days shall be deemed an unsatisfactory answer. Step 2: If the grievance remains unsettled, it should be submitted along with the Department Heads response and any pertinent documents to the Town and County Manager within ten (10) working days. The Town and County Manager will issue a written decision determining the validity of the complaint within fourteen (14) working days after its receipt and may take such action as he/she thinks appropriate, including, if necessary, developing a plan to remedy the problems complained of. Step 3: If the grievance remains unsettled, a response and all pertinent documents attached with a letter should be submitted to the Select Board within ten (10) working days of the response of the Town and County Administrator. The Select Board will hold a hearing with the involved parties and issue a written decision determining the validity of the grievance within fourteen (14) working days after its receipt and may take such action as it thinks appropriate, including if necessary, developing a plan to remedy the problem(s) grieved. A failure to respond in writing shall be deemed to be an unsatisfactory answer, and the Union may proceed to arbitration in accordance with Arbitration pursuant to 10.5 of this Agreement. 10.3 The time limits herein provided shall be strictly adhered to, provided that the parties may in writing agree to an extension thereof at any Step. If a grievance is not taken to the next Step of the grievance procedure following an unsatisfactory answer in the previous Step, or if a grievance is not submitted within the time limit provided at each Step, it shall be deemed to have been resolved on the basis of the answer last given. 10.4 Discharge cases may, upon mutual agreement, be initiated at Step 3 of the grievance procedure.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 10.1 Only matters involving Any complaint, disagreement or difference of opinion between the meaning parties hereto concerning the interpretation, application, operation, or any alleged violation of the written terms and provisions of this Agreement Agreement, shall be the subject of considered a grievance under this Article. The Town shall have the right to discharge bargaining unit Employees who violate this Article.
10.2 Grievances and shall be processed as follows:
Step 1settled in the following manner: The grievant shall file Stage I When a grievance occurs, the employee concerned or the Union will, within thirty (30)days, submit the grievance in writing with to the Employee’s Department Head within ten (10) working days after the action which serves Contact Supervisor concerned. Contact Supervisor is defined as the basis for first level of management outside of the grievancebargaining unit.) The parties will discuss the grievance and attempt to settle it. The Department Head Contact Supervisor will investigate the complaint to determine its validity and shall respond give a decision in writing within ten five (105) working days. A failure days of the grievance being submitted to respond in writing within ten (10) working days The matter shall be deemed an unsatisfactory answer.
Step 2: If the grievance remains unsettled, it should to be submitted along with the Department Heads response and any pertinent documents to the Town and County Manager within ten (10) working days. The Town and County Manager will issue a written decision determining the validity of the complaint within fourteen (14) working days after its receipt and may take such action as he/she thinks appropriate, including, if necessary, developing a plan to remedy the problems complained of.
Step 3: If the grievance remains unsettled, a response and all pertinent documents attached with a letter should be submitted to the Select Board resolved at Stage I unless within ten (10) working days of the response written decision of the Town and County AdministratorContact Supervisor the Union refers the matter to the Industrial Relations Manager. The Select Board will hold a hearing with the involved parties and issue a written decision determining the validity of the grievance within fourteen Within ten (1410) working days after its receipt and of this referral the Industrial Relations Manager shall give a decision in writing. The Union shall have ten (10) working days to decide whether or not it will accept the decision of the IndustrialRelations Manager. Grievances other than those involving individualemployees may take such action as it thinks appropriate, including if necessary, developing a plan to remedy the problem(s) grievedbe initiated at Stage by either party. A failure to respond in writing The matter shall be deemed to be an unsatisfactory answerresolved at Stage unless within ten working days of the written decision of the IndustrialRelations Manager, and the Union may refers the matter to the Mill Manager. Within ten (10) working days of this referral the Mill Manager shall give a decision in writing. The Union shall have twenty-two (22) working days to decide whether it will accept the decision of the Mill Manager or proceed to arbitration in accordance with Arbitration pursuant arbitration. If no settlement is reached under the foregoing procedure or where any difference arises between the parties as to 10.5 the interpretation, application, operation or alleged violation of this Agreement.
10.3 , including any question as to whether the matter is arbitrable or not the matter may be referred by either party to a single arbitrator who shall be selected by agreement of the parties or failing such agreement within ten days be selected by the Minister of Labour. The single arbitrator shall the matter and render a decision as soon as possible, which decision shall be final and binding on both parties for the duration of the Agreement. Where an employee has been dismissed, suspended or otherwise disciplined, the arbitrator may, pursuant to the provisions of Section Subsection and of the Labour Code of British Columbia, substitute such other penalty for the dismissal, suspension or discipline as the arbitrator considers just and reasonable in all the circumstances. The arbitrator shall not have the power to change, amend or modify any of the provisions of this Agreement. Each party to this Agreement shall be responsiblefor one- half (%) of the fees and expenses of the single arbitrator including any disbursements incurred by the Arbitration proceedings. The time limits herein provided shall in Stages I, and of the Grievance Procedure may be strictly adhered to, provided that extended or waived by either party by mutual agreement providing the parties may request is in writing agree and is within the time frame provided. the Company fails to an extension thereof respond in writing within the prescribed time limits at any Step. If stage, either giving a decision or requesting an extension, the grievance is not taken will automatically advance to the next Step of the grievance procedure following an unsatisfactory answer in the previous Step, or if a grievance is not submitted within the time limit provided at each Step, it shall be deemed to have been resolved on the basis of the answer last givenstage.
10.4 Discharge cases may, upon mutual agreement, be initiated at Step 3 of the grievance procedure.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 10.1 Only matters involving 9.01 The Employer and the meaning Union agree it is important to adjust complaints and grievances as quickly as possible. It is understood that a nurse has no grievance until she has first discussed her complaint with her immediate supervisor without the matter being resolved.
9.02 In computing the days for taking any action or giving any notice, Saturdays, Sundays or holidays shall not be counted. A formal grievance shall be one having to do with the interpretation or alleged violation of this Agreement. All grievances shall be in writing and contain a statement of facts giving rise to the grievance, the redress sought, and indication of the written provisions Article(s) of this Agreement shall be the subject of a grievance under this Article. The Town shall have the right to discharge bargaining unit Employees who violate this Article.
10.2 Grievances shall be processed as follows:
Step 1: The grievant shall file on which the grievance in writing with the Employee’s Department Head is based. A formal grievance must be filed within ten (10) working days after of the action which serves as the basis for circumstances giving rise to the grievance.
9.03 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, or at any time a nurse is being investigated, a nurse is entitled to be represented by her or his Union Representative. In the case of suspension or discharge, the Employer shall notify the nurse of this right in advance. The Department Head nurse will investigate be informed of the nature of the meeting and the Union will be given as much advance notice as possible. The Employer agrees to provide written reasons within seven (7) days to the affected nurse in the case of discharge or suspension and further agrees that it will not suspend; discharge or otherwise discipline a nurse who has completed her or his probationary period, without just cause.
9.04 The following shall be the procedure in handling and processing grievances submitted by the union.
a) The nurse or union will bring her complaint to determine its validity and shall respond in writing the attention of her immediate supervisor or delegate within ten (10) working daysdays after the circumstances have occurred or ought reasonably to have come to the attention of the nurse or union. A failure The supervisor or designate will have ten (10) days to respond in writing to the nurse or union.
b) If there is no settlement satisfactory to the parties within seven (7) days, it may be taken up as a grievance within ten (10) working days shall be deemed an unsatisfactory answerand submitted in writing to the Senior Director of Labour Relations, or designate.
Step 2: If c) A meeting will then be held between the grievance remains unsettledSenior Director of LabourRelations, it should be submitted along with or designate and the Department Heads response and any pertinent documents to the Town and County Manager Grievance Committee within ten (10) working daysdays of the submission of the grievance, unless extended by agreement of the parties. It is understood and agreed that a representative(s) of the Union and the grievor may be present at the meeting. The Town and County Manager will issue a written decision determining the validity of the complaint within fourteen (14) working days after its receipt and may take such action as he/she thinks appropriate, including, if necessary, developing a plan to remedy the problems complained of.
Step 3: If the grievance remains unsettled, a response and all pertinent documents attached with a letter should Employer shall be submitted delivered in writing to the Select Board Union Staff Representative and the local Union representative within ten (10) working days following the date of the response of the Town and County Administrator. The Select Board will hold a hearing with the involved parties and issue a written decision determining the validity of the grievance within fourteen (14) working days after its receipt and may take such action as it thinks appropriate, including if necessary, developing a plan to remedy the problem(s) grieved. A failure to respond in writing shall be deemed to be an unsatisfactory answer, and the Union may proceed to arbitration in accordance with Arbitration pursuant to 10.5 of this Agreementmeeting.
10.3 The time limits herein provided shall d) Should the matter not be strictly adhered to, provided that the parties may in writing agree to an extension thereof at any Step. If a grievance is not taken to the next Step of the grievance procedure following an unsatisfactory answer in the previous Step, or if a grievance is not submitted within the time limit provided at each Stepresolved, it shall be deemed referred to have been resolved on the basis of the answer last given.
10.4 Discharge cases may, upon mutual agreement, be initiated at Step 3 of the grievance procedure.arbitration within thirty
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 10.1 Only matters involving A. 1. The MTA and the meaning Union agree that the exclusive method for the adjustment, processing and settlement of a grievance, dispute, claim or difference between the written MTA and the Union pertaining to the interpretation, application, or compliance with the specific provisions of this Agreement agreement and discipline up to and including discharge is and shall be in accordance with the subject of grievance and arbitration procedure prescribed in this section.
A. 2. Except as otherwise provided in this agreement, a grievance under defined in A.1 of this Article. The Town shall have the right section and otherwise subject to discharge bargaining unit Employees who violate this Article.
10.2 Grievances agreement, shall be processed as follows:and, if possible, settled in accordance with the following grievance procedure.
Step 1: The grievant shall file a. In the case of A.1, all grievances, except those involving discharge, must be submitted in writing stating the date of the alleged offense and the nature of the grievance in writing with (including the Employee’s Department Head within ten (10contract provision involved) working days after the action which serves as the basis for the grievance. The Department Head will investigate the complaint to determine its validity and shall respond in writing within ten (10) working days. A failure to respond in writing within ten (10) working days shall be deemed an unsatisfactory answer.
Step 2: If the grievance remains unsettled, it should be submitted along with the Department Heads response and any pertinent documents to the Town and County Manager respective department head within ten twelve (10) working days. The Town and County Manager will issue a written decision determining the validity of the complaint within fourteen (14) working days after its receipt and may take such action as he/she thinks appropriate, including, if necessary, developing a plan to remedy the problems complained of.
Step 3: If the grievance remains unsettled, a response and all pertinent documents attached with a letter should be submitted to the Select Board within ten (1012) working days of the response of event which gives rise to the Town and County Administratoralleged grievance or the grievance shall be deemed waived. The Select Board will hold a hearing with the involved parties and issue a written decision determining the validity of department head must answer the grievance within fourteen eight (148) working days. Discharge grievances will be processed directly to the Executive Director or his/her designee and will fall under the procedures in A.2.b. below.
b. If the differences stated in the grievance cannot be mutually settled between the Union and the department head under step A.2.b, the Union may submit the grievance in writing to the Executive Director or his/her designee within twelve (12) working days after its for his/her review. Upon receipt and may take such action as it thinks appropriateby Executive Director or his/her designee, including if necessaryhe/she will schedule a meeting with a member or members of the Union Grievance Committee within twelve (12) working days. Following this meeting, developing the Executive Director or his/her designee will submit a plan finding to remedy the problem(sUnion, in writing, within twelve (12) grievedworking days of the hearing. A failure Failure of Executive Director or his/her designee to respond comply with time frames provided herein shall result in writing a determination in favor of Union. If the Union has not submitted a grievance to the Executive Director or his/her designee within twelve (12) working days of the denial in A.2.a. above or within twelve working days of the notice of discharge, then the grievance shall be deemed to be an unsatisfactory answer, and the Union as having been waived.
B. 1. Either party may proceed submit a matter to arbitration in accordance with Arbitration pursuant to 10.5 or mediation. Demands for arbitration or mediation must be submitted within forty-five (45) days following the issuance of this Agreementa formal grievance decision by the Executive Director or his/her designee. Any grievance/mediation not submitted for arbitration within the forty-five (45) days will be considered as abandoned.
10.3 B. 2. The decision of the arbitrator shall be final and binding upon the parties as to the matter in dispute.
B. 3. If the grievance is not reported and/or processed within the time limits herein provided set forth above, the matter shall be strictly adhered to, provided that the deemed waived and no further action will be taken with respect to such grievance unless both parties may in writing mutually agree to an extension thereof at any Stepof said time limits.
B. 4. If a grievance is not taken to the next Step The expenses of the grievance procedure following an unsatisfactory answer in arbitrator shall be shared equally by both parties. Each party shall make arrangements for and pay the previous Stepexpenses incurred by a witness who is called upon by them.
B. 5. When management wishes to discuss a problem, or if a grievance is not submitted within the time limit provided at each Stepto reprimand an employee, it shall be deemed to have been resolved on done in the basis privacy of the answer last givenSupervisor's Office, with the understanding that both parties treat each other with dignity and respect.
10.4 Discharge cases may, upon mutual agreement, be initiated at Step 3 of the grievance procedure.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 10.1 Only matters involving 10.01 The Employer and the meaning Union agree that it is important to adjust complaints and grievances as quickly as possible.
10.02 A formal grievance is defined as an alleged difference over the interpretation, application, administration or alleged violation of this Collective Agreement including any question as to whether a matter is arbitrable. All grievances shall be in writing and contain a statement of facts giving rise to the grievance, the redress sought, and indication of the written provisions Article(s) of this Collective Agreement shall to have been violated and must be the subject of a grievance under this Article. The Town shall have the right to discharge bargaining unit Employees who violate this Article.
10.2 Grievances shall be processed as follows:
Step 1: The grievant shall file the grievance in writing with the Employee’s Department Head within ten (10) working days after the action which serves as the basis for the grievance. The Department Head will investigate the complaint to determine its validity and shall respond in writing within ten (10) working days. A failure to respond in writing within ten (10) working days shall be deemed an unsatisfactory answer.
Step 2: If the grievance remains unsettled, it should be submitted along with the Department Heads response and any pertinent documents to the Town and County Manager within ten (10) working days. The Town and County Manager will issue a written decision determining the validity of the complaint filed within fourteen (14) working days of the circumstances giving rise to the grievance.
10.03 The following shall be the procedure for handling and processing grievances submitted by the employee. It is understood that a nurse has no grievance until she has first discussed her complaint with her immediate supervisor and the matter has not been resolved. Such complaint shall be discussed within seven (7) calendar days after its the circumstances giving rise to it have occurred and failing resolution, it may be taken up as a grievance at step 2 within seven (7) calendar days following advice of her supervisor’s decision in the manner and sequence outlined below. The employee may submit a grievance in writing to the Program Director or designate who shall give her decision within seven (7) calendar days of receipt and of the grievance. If the matter is not satisfactorily resolved at Step #1, the employee may take such action as hesubmit a grievance in writing to the Regional/she thinks appropriate, including, if necessary, developing a plan to remedy Program Director or designate who shall give her decision within seven (7) calendar days of receipt of the problems complained of.
Step 3: grievance. If the grievance remains unsettledis not satisfactorily resolved at step # 2, a response and all pertinent documents attached with a letter should be submitted the employee may submit the written grievance to the Select Board President/CEO or designate within ten seven (107) working calendar days of following the response of decision at step # 1. A meeting will be held between the Town Employer and County Administrator. The Select Board will hold a hearing with the involved parties and issue a written decision determining the validity of the grievance committee within fourteen (14) working calendar days after its receipt and may take such action as it thinks appropriate, including if necessary, developing of the referral. It is agreed that a plan to remedy the problem(s) grieved. A failure to respond in writing shall be deemed to be an unsatisfactory answer, and staff representative of the Union may proceed to arbitration in accordance with Arbitration pursuant to 10.5 be present at the meeting and that the Employer may have such counsel and assistance as it may desire at the meeting. The Employer’s decision will be delivered within seven (7) calendar days of this Agreementthe meeting.
10.3 The time limits herein provided 10.04 A claim by an employee who has completed her probationary period that she has been unjustly discharged or suspended shall be strictly adhered to, provided that the parties may in writing agree to an extension thereof at any Step. If treated as a grievance is not taken to the next Step of the grievance procedure following an unsatisfactory answer in the previous Step, or if a written statement of such grievance is not submitted within lodged by the time limit provided at each Step, it shall be deemed to have been resolved on employee with the basis of the answer last given.
10.4 Discharge cases may, upon mutual agreement, be initiated Employer at Step 3 of #2 within seven (7) calendar days after the grievance proceduredate the discharge or suspension is imposed.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 10.1 Only matters involving Section 1. A grievance, as used in this Agreement, is limited to a complaint or request of a bargaining unit member or the meaning PBA which involves the interpretation or application of, or compliance with, the provisions of this Agreement.
Section 2. Grievances concerning working conditions not specifically covered by the written terms and provisions of this Agreement shall be subject to the subject of grievance procedure up to, but not including, arbitration.
Section 3. In the event a grievance under this Articleshould arise as to the interpretation or the application of the terms of the Agreement or departmental regulations, the said dispute or grievance shall be dealt with in the following manner. The Town shall have Any grievance not answered by the right City within the time limits provided below will automatically advance to discharge bargaining unit Employees who violate this Articlethe next higher step of the grievance procedure.
10.2 Grievances STEP 1 The aggrieved employee or an Association representative shall be processed as follows:
Step 1: The grievant shall file present the grievance or dispute in writing writing, setting forth the facts with particulars and the Employee’s Department Head remedy sought, within ten (10) working days after (Monday through Friday) of its occurrence or knowledge thereof, to the action which serves as the basis for the grievanceChief of Police. The Department Head will investigate the complaint to determine its validity and Chief of Police shall respond in writing within ten (10) working days. A failure to respond reply in writing within ten (10) working days (Monday through Friday) of receipt of the grievance or dispute. If the Chief of Police shall fail to respond in writing, the grievance is presumed to be deemed denied and the employee or an unsatisfactory answerAssociation representative may move to the next step.
Step 2: STEP 2 If the Chief of Police replies and the aggrieved party or the PBA is dissatisfied, then the grievance remains unsettled, it should may be submitted along with the Department Heads response and any pertinent documents to the Town and County City Manager within ten (10) working daysdays (Monday through Friday) of receipt of the Chief of Police’s reply or when a reply was due, if none is submitted. The Town and County City Manager will issue a written decision determining the validity of the complaint within fourteen (14) working days after its receipt and may take such action as he/she thinks appropriate, including, if necessary, developing a plan to remedy the problems complained of.
Step 3: If the grievance remains unsettled, a response and all pertinent documents attached with a letter should be submitted to the Select Board shall reply within ten (10) working days (Monday through Friday) of the response of the Town and County Administrator. The Select Board will hold a hearing with the involved parties and issue a written decision determining the validity receipt of the grievance or dispute. If the City Manager shall fail to reply in writing, the grievance is presumed to be denied and the employee or an Association representative may move to the next step.
STEP 3 If the grievance has not been settled by Steps 1 and 2, the PBA or the City may refer it to arbitration within fourteen fifteen (1415) working days after its (Monday through Friday) of receipt and may take such action as it thinks appropriateof the City Manager's reply or when a reply was due, including if necessary, developing none is submitted. The PBA or the City will submit the matter to the Federal Mediation & Conciliation Service (FMCS) or the American Arbitration Association (AAA) for a plan to remedy the problem(slist of nine (9) grievedarbitrators from which one (1) shall be selected. A failure to respond The arbitrator’s decision shall be in writing with a statement of findings and reasons. The decision of the arbitrator shall be deemed to be an unsatisfactory answer, final and binding on the Union may proceed to arbitration in accordance with Arbitration pursuant to 10.5 of this Agreement.
10.3 The time limits herein provided shall be strictly adhered to, Parties; provided that the parties may in writing agree arbitrator shall have no power to an extension thereof modify, amend, or alter this Agreement. The expense of the arbitrator shall be borne by the Parties.
Section 4. By agreement of both Parties, a meeting will be held at any Step. If a grievance is not taken to the next Step of the grievance procedure following an unsatisfactory answer in the previous Step, or if a grievance is not submitted within the time limit provided at each Step, it shall be deemed to have been resolved on the basis of the answer last given.
10.4 Discharge cases may, upon mutual agreement, be initiated at Step 3 step of the grievance procedure.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 10.1 Only matters involving 8.1: A grievance is defined as a claim reasonably and sensibly founded on an alleged violation of this Agreement. Any grievance filed shall refer to the meaning specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the written provisions terms of this Agreement shall be the subject of a grievance under this Article. The Town shall have the right to discharge bargaining unit Employees who violate this Article.
10.2 Grievances shall be processed present it as follows:
Step STEP 1: The grievant grievance shall file be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her ▇▇▇▇▇▇▇ present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the
STEP 2: If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the Employee’s Department Head ▇▇▇▇▇▇▇ and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the ▇▇▇▇▇▇▇ within ten (10) days following such meeting.
STEP 3: If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be reconsidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the ▇▇▇▇▇▇▇ and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meeting.
STEP 4: In the event that the grievance is not satisfactorily resolved in Step 3, the Union may appeal the matter to an arbitrator by giving the Sheriff written notice of intent to arbitrate within ten (10) working days after following receipt of the action which serves as Employer's answer in Step 3.
8.3: If a timely request for arbitration is filed by the basis for Union on a grievance, the grievance. The Department Head will investigate the complaint parties shall attempt to determine its validity and shall respond in writing select within ten (10) working days. A failure to respond in writing within ten (10) working days shall be deemed an unsatisfactory answer.
Step 2: If following the grievance remains unsettled, it should be submitted along with receipt by the Department Heads response and any pertinent documents to the Town and County Manager within ten (10) working days. The Town and County Manager will issue a written decision determining the validity Sheriff of the complaint within fourteen (14) working days after its receipt and may take such action Union demand for arbitration as he/she thinks appropriatestated in Step 4, including, if necessary, developing a plan to remedy the problems complained of.
Step 3: If the grievance remains unsettled, a response and all pertinent documents attached with a letter should be submitted to the Select Board within ten (10) working days of the response of the Town and County Administrator. The Select Board will hold a hearing with the involved parties and issue a written decision determining the validity of the grievance within fourteen (14) working days after its receipt and may take such action as it thinks appropriate, including if necessary, developing a plan to remedy the problem(s) grieved. A failure to respond in writing shall be deemed to be an unsatisfactory answer, and the Union may proceed to arbitration in accordance with Arbitration pursuant to 10.5 of this Agreement.
10.3 The time limits herein provided shall be strictly adhered to, provided that the parties may in writing agree to an extension thereof at any Step. If a grievance is not taken to the next Step of the grievance procedure following an unsatisfactory answer in the previous Step, or if a grievance is not submitted within the time limit provided at each Step, it shall be deemed to have been resolved on the basis of the answer last given.
10.4 Discharge cases may, upon by mutual agreement, one (1) arbitrator who shall decide the grievance. If no agreement is reached, the Union shall request a panel of arbitrators from the Federal Mediation and Conciliation Service (FMCS) from which the parties shall select the person who shall be initiated at Step 3 the arbitrator for that grievance. The fees and services of the grievance procedurearbitrator shall be shared equally by the Union and the Employer, but each party shall bear the costs of its own expenses and witnesses.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 10.1 Only matters involving the meaning of the written provisions of this Agreement shall be the subject of a grievance under this Article. The Town shall have the right to discharge bargaining unit Employees who violate this Article.
10.2 Grievances shall be processed as follows:
Step 1: The grievant shall file the grievance in writing with the Employee’s Department Head within ten (10) working days after the action which serves as the basis for the grievance. The Department Head will investigate the complaint to determine its validity and shall respond in writing within ten (10) working days. A failure to respond in writing within ten (10) working days shall be deemed an unsatisfactory answer.
Step 2: If the grievance remains unsettled, it should be submitted along with the Department Heads response and any pertinent documents to the Town and County Manager or his designee within ten (10) working days. The Town and County Manager or his designee will issue a written decision determining the validity of the complaint within fourteen (14) working days after its receipt and may take such action as he/she thinks appropriate, including, if necessary, developing a plan to remedy the problems complained of.
Step 3: If the grievance remains unsettled, a response and all pertinent documents attached with a letter should be submitted to the Select Board of Selectman within ten (10) working days of the response of the Town and County AdministratorManager or his designee. The Select Board of Selectman will hold a hearing with the involved parties and issue a written decision determining the validity of the grievance within fourteen (14) working days after its receipt and may take such action as it thinks appropriate, including if necessary, developing a plan to remedy the problem(s) grieved. A failure to respond in writing shall be deemed to be an unsatisfactory answer, and the Union may proceed to arbitration in accordance with Arbitration pursuant to 10.5 of this Agreement.
10.3 The time limits herein provided shall be strictly adhered to, provided that the parties may in writing agree to an extension thereof at any Step. If a grievance is not taken to the next Step of the grievance procedure following an unsatisfactory answer in the previous Step, or if a grievance is not submitted within the time limit limits provided at each Step, it shall be deemed to have been resolved on the basis of the answer last given.
10.4 Discharge cases may, upon mutual agreement, be initiated at Step 3 of the grievance procedure.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 10.1 Only matters involving Section 1. A grievance, as used in this Agreement, is limited to a complaint or request of a bargaining unit member or the meaning PBA which involves the interpretation or application of, or compliance with, the provisions of this Agreement.
Section 2. Grievances concerning working conditions not specifically covered by the written terms and provisions of this Agreement shall be subject to the subject of grievance procedure up to, but not including, arbitration.
Section 3. In the event a grievance under this Articleshould arise as to the interpretation or the application of the terms of the Agreement or departmental regulations, the said dispute or grievance shall be dealt with in the following manner. The Town shall have Any grievance not answered by the right City within the time limits provided below will automatically advance to discharge bargaining unit Employees who violate this Articlethe next higher step of the grievance procedure.
10.2 Grievances STEP 1 The aggrieved employee or an Association representative shall be processed as follows:
Step 1: The grievant shall file present the grievance or dispute in writing writing, setting forth the facts with particulars and the Employee’s Department Head remedy sought, within ten (10) working days after (Monday through Friday) of its occurrence or knowledge thereof, to the action which serves as the basis for the grievanceChief of Police. The Department Head will investigate the complaint to determine its validity and Chief of Police shall respond in writing within ten (10) working days. A failure to respond reply in writing within ten (10) working days (Monday through Friday) of receipt of the grievance or dispute. If the Chief of Police shall fail to respond in writing, the grievance is presumed to be deemed denied and the employee or an unsatisfactory answerAssociation representative may move to the next step.
Step 2: STEP 2 If the Chief of Police replies and the aggrieved party or the PBA is dissatisfied, then the grievance remains unsettled, it should may be submitted along with the Department Heads response and any pertinent documents to the Town and County City Manager within ten (10) working daysdays (Monday through Friday) of receipt of the Chief of Police’s reply or when a reply was due, if none is submitted. The Town and County City Manager will issue a written decision determining the validity of the complaint within fourteen (14) working days after its receipt and may take such action as he/she thinks appropriate, including, if necessary, developing a plan to remedy the problems complained of.
Step 3: If the grievance remains unsettled, a response and all pertinent documents attached with a letter should be submitted to the Select Board shall reply within ten (10) working days (Monday through Friday) of the response of the Town and County Administrator. The Select Board will hold a hearing with the involved parties and issue a written decision determining the validity receipt of the grievance or dispute. If the City Manager shall fail to reply in writing, the grievance is presumed to be denied and the employee or an Association representative may move to the next step.
STEP 3 If the grievance has not been settled by Steps 1 and 2, the PBA or the City may refer it to arbitration within fourteen fifteen (1415) working days after its (Monday through Friday) of receipt and may take such action as it thinks appropriateof the City Manager's reply or when a reply was due, including if necessary, developing none is submitted. The PBA or the City will submit the matter to the Federal Mediation & Conciliation Service (FMCS) or the American Arbitration Association (AAA) for a plan to remedy the problem(slist of nine (9) grievedarbitrators from which one
(1) shall be selected. A failure to respond The arbitrator’s decision shall be in writing with a statement of findings and reasons. The decision of the arbitrator shall be deemed to be an unsatisfactory answer, final and binding on the Union may proceed to arbitration in accordance with Arbitration pursuant to 10.5 of this Agreement.
10.3 The time limits herein provided shall be strictly adhered to, Parties; provided that the parties may in writing agree arbitrator shall have no power to an extension thereof modify, amend, or alter this Agreement. The expense of the arbitrator shall be borne by the Parties.
Section 4. By agreement of both Parties, a meeting will be held at any Step. If a grievance is not taken to the next Step of the grievance procedure following an unsatisfactory answer in the previous Step, or if a grievance is not submitted within the time limit provided at each Step, it shall be deemed to have been resolved on the basis of the answer last given.
10.4 Discharge cases may, upon mutual agreement, be initiated at Step 3 step of the grievance procedure.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 10.1 Only matters involving 9.01 The Employer and the meaning Union agree it is important to adjust complaints and grievances as quickly as possible. It is understood that a nurse has no grievance until she has first discussed her complaint with her immediate supervisor without the matter being resolved.
9.02 In computing the days for taking any action or giving any notice, Saturdays, Sundays or holidays shall not be counted. A formal grievance shall be one having to do with the interpretation or alleged violation of this Agreement. All grievances shall be in writing and contain a statement of facts giving rise to the grievance, the redress sought, and indication of the written provisions Article(s) of this Agreement shall be the subject of a grievance under this Article. The Town shall have the right to discharge bargaining unit Employees who violate this Article.
10.2 Grievances shall be processed as follows:
Step 1: The grievant shall file on which the grievance in writing with the Employee’s Department Head is based. A formal grievance must be filed within ten (10) working days after of the action which serves as the basis for circumstances giving rise to the grievance.
9.03 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, or at any time a nurse is being investigated, a nurse is entitled to be represented by her or his Union Representative. In the case of suspension or discharge, the Employer shall notify the nurse of this right in advance. The Department Head nurse will investigate be informed of the nature of the meeting and the Union will be given as much advance notice as possible. The Employer agrees to provide written reasons within seven (7) days to the affected nurse in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline a nurse who has completed her or his probationary period, without just cause.
9.04 The following shall be the procedure in handling and processing grievances submitted by the union.
(a) The nurse or union will bring her complaint to determine its validity and shall respond in writing the attention of her immediate supervisor or delegate within ten (10) working daysdays after the circumstances have occurred or ought reasonably to have come to the attention of the nurse or union. A failure The supervisor or designate will have ten (10) days to respond in writing to the nurse or union.
(b) If there is no settlement satisfactory to the parties within seven (7) days, it may be taken up as a grievance within ten (10) working days shall be deemed an unsatisfactory answerand submitted in writing using the form in Appendix “D” to the Senior Director of Labour Relations, or designate.
Step 2: If (c) A meeting will then be held between the grievance remains unsettledSenior Director of Labour Relations, it should be submitted along with or designate and the Department Heads response and any pertinent documents to the Town and County Manager Grievance Committee within ten (10) working daysdays of the submission of the grievance, unless extended by agreement of the parties. It is understood and agreed that a representative(s) of the Union and the grievor may be present at the meeting. The Town and County Manager will issue a written decision determining the validity of the complaint within fourteen (14) working days after its receipt and may take such action as he/she thinks appropriate, including, if necessary, developing a plan to remedy the problems complained of.
Step 3: If the grievance remains unsettled, a response and all pertinent documents attached with a letter should Employer shall be submitted delivered in writing to the Select Board Labour Relations Officer and the local Union representative within ten (10) working days following the date of the response of the Town and County Administrator. The Select Board will hold a hearing with the involved parties and issue a written decision determining the validity of the grievance within fourteen (14) working days after its receipt and may take such action as it thinks appropriate, including if necessary, developing a plan to remedy the problem(s) grieved. A failure to respond in writing shall be deemed to be an unsatisfactory answer, and the Union may proceed to arbitration in accordance with Arbitration pursuant to 10.5 of this Agreementmeeting.
10.3 The time limits herein provided shall (d) Should the matter not be strictly adhered to, provided that the parties may in writing agree to an extension thereof at any Step. If a grievance is not taken to the next Step of the grievance procedure following an unsatisfactory answer in the previous Step, or if a grievance is not submitted within the time limit provided at each Stepresolved, it shall be deemed referred to have been resolved on the basis of the answer last given.
10.4 Discharge cases may, upon mutual agreement, be initiated at Step 3 of the grievance procedure.arbitration within thirty
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 10.1 Only matters involving the meaning of the written provisions of this Agreement shall be the subject of a grievance under this Article. The Town shall have the right to discharge bargaining unit Employees who violate this Article.
10.2 Grievances shall be processed as follows:
Step 1: The grievant shall file the grievance in writing with the Employee’s Department Head within ten fifteen (1015) working days after the action which serves as the basis for the grievance. The Department Head will investigate the complaint to determine its validity and shall respond in writing within ten (10) working days. A failure to respond in writing within ten (10) working days shall be deemed an unsatisfactory answer.
Step 2: If the grievance remains unsettled, it should be submitted along with the Department Heads response and any pertinent documents to the Town and County Manager within ten (10) working days. The Town and County Manager will issue a written decision determining the validity of the complaint within fourteen (14) working days after its receipt and may take such action as he/she thinks they think appropriate, including, if necessary, developing a plan to remedy the problems complained of.
Step 3: If the grievance remains unsettled, a response and all pertinent documents attached with a letter should be submitted to the Select Board within ten (10) working days of the response of the Town and County Administrator. The Select Board will hold a hearing with the involved parties and issue a written decision determining the validity of the grievance within fourteen (14) working days after its receipt and may take such action as it thinks appropriate, including if necessary, developing a plan to remedy the problem(s) grieved. A failure to respond in writing shall be deemed to be an unsatisfactory answer, and the Union may proceed to arbitration in accordance with Arbitration pursuant to 10.5 of this Agreement.
10.3 The time limits herein provided shall be strictly adhered to, provided that the parties may in writing agree to an extension thereof at any Step. If a grievance is not taken to the next Step of the grievance procedure following an unsatisfactory answer in the previous Step, or if a grievance is not submitted within the time limit provided at each Step, it shall be deemed to have been resolved on the basis of the answer last given.
10.4 Discharge cases may, upon mutual agreement, be initiated at Step 3 of the grievance procedure.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 10.1 Only matters A grievance shall be defined as any controversy or dispute arising between the parties involving the meaning questions of interpretation or application of the written terms and provisions of this Agreement shall be Agreement. Having a desire to create and maintain labor relations harmony between them, the subject parties hereto agree that they will promptly attempt to adjust all complaints, disputes, controversies or other grievances arising between them involving questions of a grievance under interpretation or application of the terms and provisions of this Article. The Town shall have the right to discharge bargaining unit Employees who violate this ArticleAgreement.
10.2 Grievances shall be processed as follows:
Step 1: The Thus, should grievances arise other than from cases of discharge and/or suspension, the grievant shall file use the following procedures. This grievance procedure is the sole and exclusive avenue of redress available to any bargaining unit member. No person covered by this agreement shall use the grievance procedure in the City Personnel Manual for any purpose whatsoever.
STEP 1 In the event an employee believes there is a basis for a grievance, the employee shall first discuss promptly the alleged grievance with the immediate supervisor, either privately, or if the employee prefers, accompanied by the on-site Federation representative within five (5) working days of the date of the occurrence of the event giving rise to the grievance. The supervisor shall then respond within five (5) working days.
STEP 2 In the event the grievant and/or the Federation is not satisfied with the decision of the supervisor, the grievant and/or the on- site Federation representative shall present the grievance in writing to the employee's department director within seven (7) working days of the date of the aforesaid decision. Upon presentation of this written grievance to the department director, and within seven (7) working days thereafter, the department director, the employee and the on-site Federation representative shall attempt to resolve the dispute. Within seven (7) working days thereafter, the department director shall render a decision in writing to both the employee and to the on-site Federation representative. In the event the grievant and/or the Federation is not satisfied with the Employee’s Department Head written answer to Step 2 above, the grievance shall be presented within ten seven (107) working days after the action which serves as the basis for the grievance. The Department Head will investigate the complaint to determine its validity and shall respond in writing within ten (10) working days. A failure to respond in writing within ten (10) working days shall be deemed an unsatisfactory answer.
Step 2: If the grievance remains unsettled, it should be submitted along with the Department Heads response and any pertinent documents written answer above to the Town and County City Manager or designee, who will, within ten seven (10) working days. The Town and County Manager will issue a written decision determining the validity of the complaint within fourteen (14) working days after its receipt and may take such action as he/she thinks appropriate, including, if necessary, developing a plan to remedy the problems complained of.
Step 3: If the grievance remains unsettled, a response and all pertinent documents attached with a letter should be submitted to the Select Board within ten (107) working days of the response receipt of same, meet with a representative of the Town and County AdministratorFederation in an attempt to resolve the grievance. The Select Board will hold a hearing with At this meeting, the involved parties and issue a written decision determining employee and/or the validity of the grievance within fourteen (14) working days after its receipt and on-site Federation representative may take such action as it thinks appropriate, including if necessary, developing a plan to remedy the problem(s) grievedalso be present. A failure to respond in writing shall be deemed to be an unsatisfactory answer, and the Union may proceed to arbitration in accordance with Arbitration pursuant to 10.5 of this Agreement.
10.3 The time limits herein provided shall be strictly adhered to, provided that the parties may in writing agree to an extension thereof at any Step. If a grievance is not taken to the next Step of the grievance procedure following an unsatisfactory answer in the previous Step, or if a grievance is not submitted within the time limit provided at each Step, it shall be deemed to have been resolved on the basis of the answer last given.
10.4 Discharge cases may, upon mutual agreement, be initiated at Step 3 of the grievance procedure.Within seven
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 10.1 Only matters involving 10.01 The Employer and the meaning Union agree that it is important to adjust complaints and grievances as quickly as possible. It is understood that a nurse has no grievance until she has first discussed her complaint with her Nurse Manager and the matter has not been resolved. In computing the days for taking any action or giving any notice, Saturdays, Sundays or holidays shall not be counted.
10.02 A formal grievance is defined as an alleged difference over the interpretation, application, administration or alleged violation of this Collective Agreement including any question as to whether a matter is arbitrable. All grievances shall be in writing and contain a statement of facts giving rise to the grievance, the redress sought, an indication of the written provisions article(s) of this Collective Agreement shall and must be the subject of a grievance under this Article. The Town shall have the right to discharge bargaining unit Employees who violate this Article.
10.2 Grievances shall be processed as follows:
Step 1: The grievant shall file the grievance in writing with the Employee’s Department Head filed within ten (10) working days after of the action which serves as circumstance giving rise to the basis grievance.
10.03 The following shall be the procedure for handling and processing grievances submitted by the employee. The employee may submit a grievance in writing to her immediate supervisor, or designate, who shall give her decision within five (5) days of receipt of the grievance. The Department Head If the grievance is not satisfactorily resolved at Step #1, the employee may submit the written grievance to the Executive Director or her designate within five (5) days following the decision in Step #1. A meeting will investigate be held between the complaint to determine its validity Employer and shall respond in writing the grievance committee within ten (10) working days. A failure to respond in writing within ten (10) working days shall be deemed an unsatisfactory answer.
Step 2: If the grievance remains unsettled, it should be submitted along with the Department Heads response and any pertinent documents to the Town and County Manager within ten (10) working days. The Town and County Manager will issue a written decision determining the validity of the complaint within fourteen (14) working days after its receipt and may take such action as he/she thinks appropriate, including, if necessary, developing a plan to remedy the problems complained of.
Step 3: If the grievance remains unsettled, a response and all pertinent documents attached with a letter should be submitted to the Select Board within ten (10) working days of the response referral. It is agreed that a staff representative of the Town and County Administrator. The Select Board will hold a hearing with the involved parties and issue a written decision determining the validity of the grievance within fourteen (14) working days after its receipt and may take such action as it thinks appropriate, including if necessary, developing a plan to remedy the problem(s) grieved. A failure to respond in writing shall be deemed to be an unsatisfactory answer, and the Union may proceed be present at the meeting and that the Employer may have such counsel and assistance as it may desire at the meeting. The Employer's decision will be delivered within five (5) days of the meeting. An employee is entitled to arbitration in accordance with Arbitration pursuant to 10.5 be represented by a union representative or another available bargaining unit member of the employee's choice. In the case of suspension or discharge, the Employer shall notify the employee of this Agreementright in advance.
10.3 The time limits herein provided 10.04 A claim by an employee that she has been unjustly discharged or suspended shall be strictly adhered to, provided that the parties may in writing agree to an extension thereof at any Step. If treated as a grievance is not taken to the next Step of the grievance procedure following an unsatisfactory answer in the previous Step, or if a written statement of such grievance is not submitted within lodged by the time limit provided at each Step, it shall be deemed to have been resolved on employee with the basis of the answer last given.
10.4 Discharge cases may, upon mutual agreement, be initiated Employer at Step 3 of #2 within five (5) days after the grievance proceduredate the discharge or suspension is imposed.
Appears in 1 contract
Sources: Collective Agreement