Common use of Grievance and Arbitration Process Clause in Contracts

Grievance and Arbitration Process. Step 1: An employee, who has a grievance, shall, meet with his or her supervisor to orally discuss the issue and submit the grievance, in writing, to their supervisor. The written grievance must contain the following minimal information: 1. The name and signature of the grievant; (The signature requirements shall be waived if the grievant is physically unable to sign the grievance form.)‌ 2. The date the grievance occurred; 3. The issue and nature of the grievance; 4. The terms of the Agreement in dispute; and 5. The adjustment sought. The grievance must be initiated no later than ten (10) business days after the grievable act occurred or the first opportunity to have reasonably had knowledge of its occurrence. The supervisor’s response to the grievance shall be in writing and within ten (10) business days of the Step 1 meeting. The City will send a copy of the Step 1 City response to the Union Business Representative. Step 2: The Union Business Representative may file an employee’s formal grievance with the Employer. The formal grievance must be in a jointly agreed upon written form containing as a minimum: 1. The name and signature of the grievant; (The signature requirements shall be waived if the grievant is physically unable to sign the grievance form.) 2. The date the grievance occurred; 3. The issue and nature of the grievance; 4. The terms of the Agreement in dispute; and 5. The adjustment sought. The grievance must be filed with the Human Resources Manager within ten (10) business days of the written Step 1 response from the supervisor. Within ten (10) business days of receipt of the grievance, a meeting will be held between the key individuals in the grievance including: the employee, the Union ▇▇▇▇▇▇▇, the Union Business agent, the supervisor, the Superintendent/Division Manager and a representative from Human Resources Office to discuss the grievance. Management will set up this meeting and will respond to the grievance in writing within ten (10) business days after the meeting is held. Step 3: If the grievance has not been resolved, within ten (10) business days of the Step 2 response, a meeting will be held between the Department Head, the City Administrator, the Union Business Agent, the Union ▇▇▇▇▇▇▇, and the Human Resources Manager (or designated representative) to discuss the grievance. A management representative will respond in writing with an answer to the grievance within ten (10) business days after the meeting is held. Optional Step 4:‌ If the grievance has not been resolved based on management’s response in Step 3, then the Union may, within ten (10) business days of the City’s response, notify the City Administrator in writing of the Union’s intention to request mediation conducted by the Federal Mediation and Conciliation Services (FMCS) or the Montana Department of Labor. The City Administrator will have ten (10) business days to respond to the Union regarding whether or not the City agrees to participate in the mediation process. 1. The parties must submit a signed, joint request for FMCS assistance. The parties must agree that grievance mediation is not a substitute for contractual grievance procedures. 2. The grievant is entitled to attend the mediation. 3. The parties must waive any time limits in this agreement while the grievance mediation step is being utilized. 4. The grievance mediation process is informal, and the rules of evidence do not apply. No record, stenographic or tape recordings of the meetings will be made. 5. The mediator’s notes are confidential and will be destroyed at the conclusion of the grievance mediation meeting. FMCS is a neutral agency created to mediate disputes and maintains a policy of declining to testify for any party, either in court proceedings or before government regulatory authorities. 6. The mediator will use problem solving skills to assist the parties, including joint and separate caucuses. 7. The mediator has no authority to compel a resolution. 8. If the parties cannot resolve the problem, the mediator may provide the parties in joint or separate sessions with an oral advisory opinion. 9. If the parties cannot resolve the grievance, they may proceed to arbitration according to the procedures in their collective bargaining agreement. 10. Nothing said by the parties during grievance mediation, nor any documents prepared for a mediation session, can be used during arbitration proceedings. 11. The parties must agree to hold FMCS and FMCS mediators harmless for any claim of damages arising from the mediation process. 12. The parties must agree to these procedures and guidelines. Step 5: If the grievance is not resolved based on management’s response in Step 3, the Union may, within ten (10) business days of the City’s response, notify the Human Resources Manager in writing of the Union’s intention to submit the grievance to final and binding arbitration. The Union shall request the Federal Mediation and Conciliation Service, the MT Department of Labor, or the American Arbitration Association to provide a list of seven (7) arbitrators. The parties, shall, within fifteen (15) business days of the receipt of the list, select the arbitrator by the method of alternately striking names with the parties flipping a coin to determine who strikes the first name. The final name left on the list shall be the arbitrator. The arbitrator chosen will be contacted immediately and asked to start proceedings at the earliest possible date. During the arbitration proceedings, all evidence shall be presented. The arbitrator’s decision shall be final and binding on both parties, but he shall not have the power to alter the terms of this Agreement, City Ordinance, State, or Federal Law. His decision shall be within the scope and terms of this Agreement and he shall be requested to issue his decision as soon as possible after the conclusion of the proceedings, including filing of briefs, if any. Expenses for the arbitrator’s services shall be borne equally by the City and the Union. A. Other persons may replace any position mentioned in the above procedures, so long as the other party is notified in advance and provided that such appointee has full authority to act in the capacity of the person replaced. B. All disputes, controversies, or claims that are grievable (see section 5.1) must first proceed through the grievance procedure before then advancing to either arbitration or an alternative review process. An employee, who chooses an alternative review process, such as the Courts, State Agencies, or similar recognized judicial bodies, waives all rights for further review of his grievance through this Agreement's arbitration process. C. It is understood and agreed that when an employee files a grievance, the act of filing such a grievance shall constitute his authorization to the Employer to reveal to the participants in the grievance procedure any and all information available to the Employer relating to said grievance. Such filing shall further constitute a release of the Employer from any and all claimed liability by reason of such disclosure. D. Time limits at any stage of the grievance procedure may be extended by written mutual agreement of the parties at that step. E. Business days shall be defined as Monday through Friday, excluding recognized City of ▇▇▇▇▇▇▇▇ holidays.

Grievance and Arbitration Process. Step 1: An employee, who has a grievance, shall, meet with his or her supervisor to orally discuss the issue and submit the grievance, in writing, to their supervisor. The written grievance must contain the following minimal information: 1. The name and signature of the grievant; (The signature requirements shall be waived if the grievant is physically unable to sign the grievance form.)‌form.) 2. The date the grievance occurred;, 3. The issue and nature of the grievance;, 4. The terms of the Agreement in dispute; and 5. The adjustment sought. The grievance must be initiated no later than ten (10) business days after the grievable act occurred or the first opportunity to have reasonably had knowledge of its occurrence. The supervisor’s response to the grievance shall be in writing and within ten (10) business days of the Step 1 meeting. The City city will send a copy of the Step 1 City response to the Union Business Representative. Step 2: The Union Business Representative may file an employee’s formal grievance with the Employer. The formal grievance must be in a jointly agreed upon written form containing as a minimum: 1. The name and signature of the grievant; (The signature requirements shall be waived if the grievant is physically unable to sign the grievance form.) 2. The date the grievance occurred;, 3. The issue and nature of the grievance;, 4. The terms of the Agreement in dispute; and 5. The adjustment sought. The grievance must be filed with the Human Resources Manager within ten (10) business days of the written Step 1 response from the supervisor. Within ten (10) business days of receipt of the grievance, a meeting will be held between the key individuals in the grievance including: the employee, the Union ▇▇▇▇▇▇▇, the Union Business agent, the supervisor, the Superintendent/Division Manager and a representative from Human Resources Office to discuss the grievance. Management will set up this meeting and will respond to the grievance in writing within ten (10) business days after the meeting is held. Step 3: If the grievance has not been resolved, within ten (10) business days of the Step 2 response, a meeting will be held between the Department Head, the City Administrator, the Union Business Agent, the Union ▇▇▇▇▇▇▇, and the Human Resources Manager (or designated representative) to discuss the grievance. A management representative will respond in writing with an answer to the grievance within ten (10) business days after the meeting is held. Optional Step 4:‌ 4: If the grievance has not been resolved based on management’s response in Step 3, then the Union may, within ten (10) business days of the City’s response, notify the City Administrator in writing of the Union’s intention to request mediation conducted by the Federal Mediation and Conciliation Services (FMCS) or the Montana Department of Labor. The City Administrator will have ten (10) business days to respond to the Union regarding whether or not the City agrees to participate in the mediation process. 1. The parties must submit a signed, joint request for FMCS assistance. The parties must agree that grievance mediation is not a substitute for contractual grievance procedures. 2. The grievant is entitled to attend the mediation. 3. The parties must waive any time limits in this agreement while the grievance mediation step is being utilized. 4. The grievance mediation process is informal, and the rules of evidence do not apply. No record, stenographic or tape recordings of the meetings will be made. 5. The mediator’s notes are confidential and will be destroyed at the conclusion of the grievance mediation meeting. FMCS is a neutral agency created to mediate disputes and maintains a policy of declining to testify for any party, either in court proceedings or before government regulatory authorities. 6. The mediator will use problem solving skills to assist the parties, including joint and separate caucuses. 7. The mediator has no authority to compel a resolution. 8. If the parties cannot resolve the problem, the mediator may provide the parties in joint or separate sessions with an oral advisory opinion. 9. If the parties cannot resolve the grievance, they may proceed to arbitration according to the procedures in their collective bargaining agreement. 10. Nothing said by the parties during grievance mediation, nor any documents prepared for a mediation session, can be used during arbitration proceedings. 11. The parties must agree to hold FMCS and FMCS mediators harmless for any claim of damages arising from the mediation process. 12. The parties must agree to these procedures and guidelines. Step 5: If the grievance is not resolved based on management’s response in Step 3, the Union may, within ten (10) business days of the City’s response, notify the Human Resources Manager in writing of the Union’s intention to submit the grievance to final and binding arbitration. The Union shall request the Federal Mediation and Conciliation Service, the MT Department of Labor, or the American Arbitration Association to provide a list of seven (7) arbitrators. The parties, parties shall, within fifteen (15) 15 business days of the receipt of the list, select the arbitrator by the method of alternately striking names with the parties flipping a coin to determine who strikes the first name. The final name left on the list shall be the arbitrator. The arbitrator chosen will be contacted immediately and asked to start proceedings at the earliest possible date. During the arbitration proceedings, all evidence shall be presented. The arbitrator’s decision shall be final and binding on both parties, but he shall not have the power to alter the terms of this Agreement, City Ordinance, State, or Federal Law. His decision shall be within the scope and terms of this Agreement Agreement, and he shall be requested to issue his decision as soon as possible after the conclusion of the proceedings, including filing of briefs, if any. Expenses for the arbitrator’s services shall be borne equally by the City and the Union. A. Other persons people may replace any position mentioned in the above procedures, so long as the other party is notified in advance and provided that such appointee has full authority to act in the capacity of the person replaced. B. All disputes, controversies, or claims that are grievable (see section 5.1) must first proceed through the grievance procedure before then advancing to either arbitration or an alternative review process. An employee, employee who chooses an alternative review process, such as the Courts, State Agencies, or similar recognized judicial bodies, waives all rights for further review of his grievance through this Agreement's arbitration process. C. It is understood and agreed that when an employee files a grievance, the act of filing such a grievance shall constitute his authorization to the Employer to reveal to the participants in the grievance procedure any and all information available to the Employer relating to said grievance. Such filing shall further constitute a release of the Employer from any and all claimed liability by reason of such disclosure. D. Time limits at any stage of the grievance procedure may be extended by written mutual agreement of the parties at that step. E. Business days shall be defined as Monday through Friday, excluding recognized City of ▇▇▇▇▇▇▇▇ holidays.

Grievance and Arbitration Process. Step 1: An employee, who has a grievance, shall, meet with his or her supervisor to orally discuss the issue and submit the grievance, in writing, to their supervisor. The written grievance must contain the following minimal information: 1. The name and signature of the grievant; (The signature requirements shall be waived if the grievant is physically unable to sign the grievance form.)‌form.) 2. The date the grievance occurred; 3. The issue and nature of the grievance; 4. The terms of the Agreement in dispute; and 5. The adjustment sought. The grievance must be initiated no later than ten (10) business days after the grievable act occurred or the first opportunity to have reasonably had knowledge of its occurrence. The supervisor’s response to the grievance shall be in writing and within ten (10) business days of the Step 1 meeting. The City will send a copy of the Step 1 City response to the Union Business Representative. Step 2: The Union Business Representative may file an employee’s formal grievance with the Employer. The formal grievance must be in a jointly agreed upon written form containing as a minimum: 1. The name and signature of the grievant; (The signature requirements shall be waived if the grievant is physically unable to sign the grievance form.) 2. The date the grievance occurred; 3. The issue and nature of the grievance; 4. The terms of the Agreement in dispute; and 5. The adjustment sought. The grievance must be filed with the Human Resources Manager within ten (10) business days of the written Step 1 response from the supervisor. Within ten (10) business days of receipt of the grievance, a meeting will be held between the key individuals in the grievance including: the employee, the Union ▇▇▇▇▇▇▇, the Union Business agent, the supervisor, the Superintendent/Division Manager and a representative from Human Resources Office to discuss the grievance. Management will set up this meeting and will respond to the grievance in writing within ten (10) business days after the meeting is held. Step 3: If the grievance has not been resolved, within ten (10) business days of the Step 2 response, a meeting will be held between the Department Head, the City Administrator, the Union Business Agent, the Union ▇▇▇▇▇▇▇, and the Human Resources Manager (or designated representative) to discuss the grievance. A management representative will respond in writing with an answer to the grievance within ten (10) business days after the meeting is held. Optional Step 4:‌ 4: If the grievance has not been resolved based on management’s response in Step 3, then the Union may, within ten (10) business days of the City’s response, notify the City Administrator in writing of the Union’s intention to request mediation conducted by the Federal Mediation and Conciliation Services (FMCS) or the Montana Department of Labor. The City Administrator will have ten (10) business days to respond to the Union regarding whether or not the City agrees to participate in the mediation process. 1. The parties must submit a signed, joint request for FMCS assistance. The parties must agree that grievance mediation is not a substitute for contractual grievance procedures. 2. The grievant is entitled to attend the mediation. 3. The parties must waive any time limits in this agreement while the grievance mediation step is being utilized. 4. The grievance mediation process is informal, and the rules of evidence do not apply. No record, stenographic or tape recordings of the meetings will be made. 5. The mediator’s notes are confidential and will be destroyed at the conclusion of the grievance mediation meeting. FMCS is a neutral agency created to mediate disputes and maintains a policy of declining to testify for any party, either in court proceedings or before government regulatory authorities. 6. The mediator will use problem solving skills to assist the parties, including joint and separate caucuses. 7. The mediator has no authority to compel a resolution. 8. If the parties cannot resolve the problem, the mediator may provide the parties in joint or separate sessions with an oral advisory opinion. 9. If the parties cannot resolve the grievance, they may proceed to arbitration according to the procedures in their collective bargaining agreement. 10. Nothing said by the parties during grievance mediation, nor any documents prepared for a mediation session, can be used during arbitration proceedings. 11. The parties must agree to hold FMCS and FMCS mediators harmless for any claim of damages arising from the mediation process. 12. The parties must agree to these procedures and guidelines. Step 5: If the grievance is not resolved based on management’s response in Step 3, the Union may, within ten (10) business days of the City’s response, notify the Human Resources Manager in writing of the Union’s intention to submit the grievance to final and binding arbitration. The Union shall request the Federal Mediation and Conciliation Service, the MT Department of Labor, or the American Arbitration Association to provide a list of seven (7) arbitrators. The parties, shall, within fifteen (15) 15 business days of the receipt of the list, select the arbitrator by the method of alternately striking names with the parties flipping a coin to determine who strikes the first name. The final name left on the list shall be the arbitrator. The arbitrator chosen will be contacted immediately and asked to start proceedings at the earliest possible date. During the arbitration proceedings, all evidence shall be presented. The arbitrator’s decision shall be final and binding on both parties, but he shall not have the power to alter the terms of this Agreement, City Ordinance, State, or Federal Law. His decision shall be within the scope and terms of this Agreement and he shall be requested to issue his decision as soon as possible after the conclusion of the proceedings, including filing of briefs, if any. Expenses for the arbitrator’s services shall be borne equally by the City and the Union. A. Other persons may replace any position mentioned in the above procedures, so long as the other party is notified in advance and provided that such appointee has full authority to act in the capacity of the person replaced. B. All disputes, controversies, or claims that are grievable (see section 5.1) must first proceed through the grievance procedure before then advancing to either arbitration or an alternative review process. An employee, who chooses an alternative review process, such as the Courts, State Agencies, or similar recognized judicial bodies, waives all rights for further review of his grievance through this Agreement's arbitration process. C. It is understood and agreed that when an employee files a grievance, the act of filing such a grievance shall constitute his authorization to the Employer to reveal to the participants in the grievance procedure any and all information available to the Employer relating to said grievance. Such filing shall further constitute a release of the Employer from any and all claimed liability by reason of such disclosure. D. Time limits at any stage of the grievance procedure may be extended by written mutual agreement of the parties at that step. E. Business days shall be defined as Monday through Friday, excluding recognized City of ▇▇▇▇▇▇▇▇ holidays.

Grievance and Arbitration Process. Step 1: An employee, who has a grievance, shall, meet with his or her supervisor to orally discuss the issue and submit the grievance, in writing, to their supervisor. The written grievance must contain the following minimal information: 1. The name and signature of the grievant; (The signature requirements shall be waived if the grievant is physically unable to sign the grievance form.)‌form.) 2. The date the grievance occurred; 3. The issue and nature of the grievance; 4. The terms of the Agreement in dispute; and 5. The adjustment sought. The grievance must be initiated no later than ten (10) business days after the grievable act occurred or the first opportunity to have reasonably had knowledge of its occurrence. The supervisor’s response to the grievance shall be in writing and within ten (10) business days of the Step 1 meeting. The City will send a copy of the Step 1 City response to the Union Business Representative. Step 2: The Union Business Representative may file an employee’s formal grievance with the Employer. The formal grievance must be in a jointly agreed upon written form containing as a minimum: 1. The name and signature of the grievant; (The signature requirements shall be waived if the grievant is physically unable to sign the grievance form.) 2. The date the grievance occurred; 3. The issue and nature of the grievance; 4. The terms of the Agreement in dispute; and 5. The adjustment sought. The grievance must be filed with the Human Resources Manager within ten (10) business days of the written Step 1 response from the supervisor. Within ten (10) business days of receipt of the grievance, a meeting will be held between the key individuals in the grievance including: the employee, the Union ▇▇▇▇▇▇▇, the Union Business agent, the supervisor, the Superintendent/Division Manager and a representative from Human Resources Office to discuss the grievance. Management will set up this meeting and will respond to the grievance in writing within ten (10) business days after the meeting is held. Step 3: If the grievance has not been resolved, within ten (10) business days of the Step 2 response, a meeting will be held between the Department Head, the City Administrator, the Union Business Agent, the Union ▇▇▇▇▇▇▇, and the Human Resources Manager (or designated representative) to discuss the grievance. A management representative will respond in writing with an answer to the grievance within ten (10) business days after the meeting is held. Optional Step 4:‌ 4: If the grievance has not been resolved based on management’s response in Step 3, then the Union may, within ten (10) business days of the City’s response, notify the City Administrator in writing of the Union’s intention to request mediation conducted by the Federal Mediation and Conciliation Services (FMCS) or the Montana Department of Labor. The City Administrator will have ten (10) business days to respond to the Union regarding whether or not the City agrees to participate in the mediation process. 1. The parties must submit a signed, joint request for FMCS assistance. The parties must agree that grievance mediation is not a substitute for contractual grievance procedures. 2. The grievant is entitled to attend the mediation. 3. The parties must waive any time limits in this agreement while the grievance mediation step is being utilized. 4. The grievance mediation process is informal, and the rules of evidence do not apply. No record, stenographic or tape recordings of the meetings will be made. 5. The mediator’s notes are confidential and will be destroyed at the conclusion of the grievance mediation meeting. FMCS is a neutral agency created to mediate disputes and maintains a policy of declining to testify for any party, either in court proceedings or before government regulatory authorities. 6. The mediator will use problem solving skills to assist the parties, including joint and separate caucuses. 7. The mediator has no authority to compel a resolution. 8. If the parties cannot resolve the problem, the mediator may provide the parties in joint or separate sessions with an oral advisory opinion. 9. If the parties cannot resolve the grievance, they may proceed to arbitration according to the procedures in their collective bargaining agreement. 10. Nothing said by the parties during grievance mediation, nor any documents prepared for a mediation session, can be used during arbitration proceedings. 11. The parties must agree to hold FMCS and FMCS mediators harmless for any claim of damages arising from the mediation process. 12. The parties must agree to these procedures and guidelines. Step 5: If the grievance is not resolved based on management’s response in Step 3, the Union may, within ten (10) business days of the City’s response, notify the Human Resources Manager in writing of the Union’s intention to submit the grievance to final and binding arbitration. The Union shall request the Federal Mediation and Conciliation Service, the MT Department of Labor, or the American Arbitration Association to provide a list of seven (7) arbitrators. The parties, shall, within fifteen (15) business days of the receipt of the list, select the arbitrator by the method of alternately striking names with the parties flipping a coin to determine who strikes the first name. The final name left on the list shall be the arbitrator. The arbitrator chosen will be contacted immediately and asked to start proceedings at the earliest possible date. During the arbitration proceedings, all evidence shall be presented. The arbitrator’s decision shall be final and binding on both parties, but he shall not have the power to alter the terms of this Agreement, City Ordinance, State, or Federal Law. His decision shall be within the scope and terms of this Agreement and he shall be requested to issue his decision as soon as possible after the conclusion of the proceedings, including filing of briefs, if any. Expenses for the arbitrator’s services shall be borne equally by the City and the Union. A. Other persons may replace any position mentioned in the above procedures, so long as the other party is notified in advance and provided that such appointee has full authority to act in the capacity of the person replaced. B. All disputes, controversies, or claims that are grievable (see section 5.1) must first proceed through the grievance procedure before then advancing to either arbitration or an alternative review process. An employee, who chooses an alternative review process, such as the Courts, State Agencies, or similar recognized judicial bodies, waives all rights for further review of his grievance through this Agreement's arbitration process. C. It is understood and agreed that when an employee files a grievance, the act of filing such a grievance shall constitute his authorization to the Employer to reveal to the participants in the grievance procedure any and all information available to the Employer relating to said grievance. Such filing shall further constitute a release of the Employer from any and all claimed liability by reason of such disclosure. D. Time limits at any stage of the grievance procedure may be extended by written mutual agreement of the parties at that step. E. Business days shall be defined as Monday through Friday, excluding recognized City of ▇▇▇▇▇▇▇▇ holidays.