GRIEVANCE ARBITRATION PROCEDURE. 12.1 The parties understand and agree that in the event any dispute arises out of the meaning, interpretation or application of the provisions of this Agreement, the same shall be settled by means of the procedures set out herein. No grievance shall be recognized unless the grieving party (Local Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a contractor on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five (5) days after becoming aware of the dispute but in no event more than thirty (30) days after it reasonably should have become aware of the event giving rise to the dispute. The time limits may be extended by mutual written agreement of the parties. 12.2 Grievances shall be settled according to the following procedures: Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the Business Representative of the involved Local Union or District Council, or his/her designee, or the representative of the employee, and the representative of the involved Contractor/Employer shall confer and attempt to resolve the grievance. Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days after its referral to Step 1, either involved party may submit it within three (3) business days to the Joint Administrative Committee, which shall meet within five (5) business days after such referral (or such longer time as is mutually agreed upon by all representatives on the Joint Administrative Committee), to confer in an attempt to resolve the grievance. If the dispute is not resolved within such time (five (5) business days after its referral or such longer time as mutually agreed upon), it may be referred within five (5) business days by either party to Step 3. Step 3: Within five (5) business days after referral of a dispute to Step 3, the party filing the grievance will advise the District of its arbitrator selection preference from the following sources: 1. Arbitrator ▇▇▇▇ ▇▇▇▇▇ 2. Arbitrator ▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Appears in 2 contracts
Sources: Construction Careers Agreement, Construction Careers Agreement
GRIEVANCE ARBITRATION PROCEDURE. 12.1 The parties understand and agree Any grievance or dispute that in may arise following the event any dispute arises out effective date of this Agreement concerning the meaningapplication, meaning or interpretation or application of the provisions of this Agreement, the same limited thereto, shall be settled by means of the procedures set out herein. No grievance shall be recognized unless the grieving party (Local Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a contractor on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five (5) days after becoming aware of the dispute but in no event more than thirty (30) days after it reasonably should have become aware of the event giving rise to the dispute. The time limits may be extended by mutual written agreement of the parties.
12.2 Grievances shall be settled according to the following proceduresmanner:
Step 1: Within five (5) business days after The Employee and/or his or her Union representative shall present the receipt of the written notice of the grievance, the Business Representative of the involved Local Union grievance or District Council, or his/her designee, or the representative of the employee, and the representative of the involved Contractor/Employer shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days after its referral to Step 1, either involved party may submit it within three (3) business days orally to the Joint Administrative Committee, which shall meet Employer’s Shift Supervisor or Assistant Project Manager within five (5) business days after such referral (of its occurrence or such longer time as is mutually agreed upon when the Employee knew, or by all representatives on reasonable diligence should have known, of its occurrence. The Shift Supervisor or Assistant Project Manager shall orally respond to the Joint Administrative Committee), to confer in an attempt to resolve the grievance. If the dispute is not resolved grievance within such time (five (5) business days after its referral days.
Step 2: If the grievance is not settled at Step 1, the Employee and/or his or such longer time as mutually agreed upon)her Union representative may meet, it may be referred within five (5) business days by either party of the date on which the Shift Supervisor or Assistant Project Manager responded or should have responded, with the Employer’s Project Manager. The Employer’s Project Manager shall respond to Step 3the grievance within five (5) business days.
Step 3: Within If the grievance is not settled at Step 2, the Union shall within five (5) business days after referral of receipt of the Project Manager’s response in Step 2, or the date when the Project Manager’s response was due, present the grievance in writing to the Employer’s Vice President or his designee. The Employer’s Vice President or his designee shall respond in writing to the grievance within five (5) business days. Grievances affecting a dispute class or classes of employees may be initiated by the Union at Step 3. The Employer shall have the right to involve senior management in the grievance process at an earlier state, in its discretion.
Step 4: If the grievance is not settled at Step 3, the party filing Union may, within seven (7) days after the receipt of the Employer Officer’s response in Step 3, proceed to binding arbitration. Notice that arbitration is desired shall be served upon the Employer within seven (7) days after the union receives the Employer’s Step 3 answer. If the Parties are unable to agree on a arbitrator within ten (10) days of the date of service, they shall choose an Arbitrator from a panel provided by the Federal Mediation and Conciliation Service by alternatively striking the names on the list. The Employer shall have the first strike. The Arbitrator shall conduct a hearing on the grievance. The Arbitrator shall render a decision within thirty (30) days of the close of the hearing or receipt of briefs. Any back pay award shall be reduced by any sums received as unemployment compensation or from interim employment. The Arbitrator shall have no authority to alter, amend, or add to the Agreement. All of the time limits contained in this Article may be extended by mutual agreement in writing. All fees and expenses of the Arbitrator shall be borne equally by both parties, except where one of the Parties to the Agreement requests a postponement of a previously scheduled arbitration hearing which results in a postponement charge. The postponing Party shall pay such charge. An employee shall be permitted to have a Union representative at each step of the grievance will advise procedure. The President of the District Union or his/her designee shall have access to all relevant personnel records necessary for the Union’s administration of its arbitrator selection preference from the following sources:
1. Arbitrator ▇▇▇▇ ▇▇▇▇▇
2. Arbitrator ▇▇▇▇▇ ▇▇▇▇▇▇▇▇grievance and arbitration procedure subject to this Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement (Tri-S Security Corp)
GRIEVANCE ARBITRATION PROCEDURE. 12.1 The parties understand and agree that in Step 1. An employee, through the event any dispute arises out of the meaning, interpretation or application of the provisions of this Agreement, the same shall be settled by means of the procedures set out herein. No grievance shall be recognized unless the grieving party (Local Union or District Council the Union in behalf of one or more employees, or on its own behalf, or on behalf of an employee whom it represents, or may initiate a contractor on its own behalf) provides notice grievance by submitting such grievance in writing to the signatory party with whom it has a dispute supervisor involved within five ten (510) working days after becoming aware of the dispute but in no event more than thirty (30) days after it reasonably should have become aware of the event occurrence or omission giving rise to the disputegrievance or the grievance shall be considered dropped. The supervisor shall reply in writing within ten (10) working days thereafter. If no reply is received from the supervisor within the prescribed time limits may limit, it will be extended by mutual deemed to be settled in the Union’s or the employee’s favor.
Step 2. If the grievance is not satisfactorily disposed of, the aggrieved employee/Union shall submit it in written agreement form to the Public Safety Director within ten (10) working days following the reply of the partiessupervisor or the grievance shall be considered dropped.
12.2 Grievances shall be settled according to Step 3. If the following procedures:
Step 1: Within five (5) business days after grievance is not resolved by the receipt of the written notice of the grievance, the Business Representative of the involved Local Union or District Council, or Public Safety Director’s and/or his/her designee’s answer, the Union Labor Committee may appeal in writing to the City Manager and/or his/her designee within ten (10) working days or the representative grievance shall be considered dropped. The City Manager and/or his/her designee shall meet with the Union Labor Committee within ten (10) working days of the employee, and the representative appeal unless mutually extended. The answer of the involved ContractorCity Manager and/or his/Employer shall confer and attempt to resolve the grievanceher designee must be filed within ten (10) working days.
Step 2: In 4. If the event that grievance is not satisfactorily adjusted in the representatives last preceding step within the time provided (unless mutually extended), either party may, within 21 days, request arbitration or the grievance shall be considered dropped. The other party shall be obligated to proceed with arbitration in the manner hereinafter provided. If the parties are unable to resolve the dispute agree upon an arbitrator within the five fourteen (514) business days after its referral to Step 1, either involved party may submit it within three (3) business days to the Joint Administrative Committee, which shall meet within five (5) business days after such referral (or such longer time as is mutually agreed upon by all representatives on the Joint Administrative Committee), to confer in an attempt to resolve the grievance. If the dispute is not resolved within such time (five (5) business days after its referral or such longer time as mutually agreed upon), it may be referred within five (5) business days by either party to Step 3.
Step 3: Within five (5) business days after referral of a dispute to Step 3notice for arbitration, the party filing requesting the grievance will advise arbitration shall promptly file a demand for arbitration with the District of its arbitrator selection preference from the following sources:
1. Arbitrator ▇▇▇▇ ▇▇▇▇▇
2. Arbitrator ▇▇▇▇▇ ▇▇▇▇▇▇▇▇Federal Mediation and Conciliation Service.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION PROCEDURE. 12.1 (a) The parties understand Company agrees to recognize fully and agree treat with the Union on questions, grievances and complaints that in may arise between them.
(b) There shall be no discharge, suspension or other disciplinary action without sufficient cause or without notification to the event any dispute arises out employee of the meaningreason, in writing. All discipline must be given to the employee within 10 days of the occurrence or within ten (10) days of the time the Company knew of the occurrence or the Company will forfeit its right to discipline the employee(s).
(c) All claims or disputes of employees, the Union or the Company regarding the application, interpretation or application violation of the any provisions of this AgreementAgreement or the imposition of any discipline, the same including discharge, hereinafter called “grievances”, shall be settled in the following manner: Step One: An employee who believes that a grievance exists between the employee and the Company, shall first meet with the Manager of Operations/ Safety for operators or the Manager of Maintenance for maintenance to discuss the matter in an informal manner. The employee may be accompanied by means a member of the procedures set out hereinUnion Executive Board. No grievance shall be recognized unless the grieving party (Local Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a contractor on its own behalf) provides notice The respective Manager will respond in writing to the signatory party with whom it has a dispute within five (5) days after becoming aware of the dispute but grievance meeting. If informal discussion fails to resolve the problem, the Union or the employee may take the grievance to Step 2. Step Two: In the event the grievance is not resolved in no event more than thirty (30) days after it reasonably should have become aware Step One, the Union shall deliver a copy of the event giving rise grievance to the dispute. The time limits may be extended by mutual written agreement of the parties.
12.2 Grievances shall be settled according to the following procedures:
Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the Business Representative of the involved Local Union or District Council, General Manager or his/her designee, or the representative of the employee, and the representative of the involved Contractor/Employer shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days after its referral to Step 1, either involved party may submit it within three (3) business days to the Joint Administrative Committee, which shall meet within five (5) business days after such referral (of receipt of the respective Manager’s response. The General Manager or such longer time as is mutually agreed upon by all representatives on his/her designee will conduct a hearing with the Joint Administrative Committee), to confer in an attempt to resolve the grievance. If the dispute is not resolved within such time (five (5) business days after its referral or such longer time as mutually agreed upon), it may be referred Union within five (5) business days by either party to Step 3.
Step 3: Within from receipt of the grievance from the Union. After completion of the hearing the General Manager will provide a written answer within five (5) business days after referral either sustaining or denying the grievance, and setting forth the reasons for the decision. After the initial filing of a dispute to Step 3grievance, the parties may deliver all above required correspondence through email. Such emailed correspondence shall be considered timely if it is delivered to the above required party filing by 11:59 pm on the applicable due date.
(d) Tri-Partite Arbitration If the parties are unable to reach agreement in Step Two, and the grievance will advise or dispute involves the District application, interpretation, or violation of any provision of this Agreement, the Union (not any individual employee) or the Employer may within forty-five (45) days of said failure to reach agreement, demand arbitration and request the Federal Mediation and Conciliation Service to provide the parties with a list of seven (7) prospective arbitrators. Once a panel of possible arbitrators is received by both parties, that selection must be completed within twenty-one (21) days of such receipt. If one party fails to engage in the selection process within twenty-one days, that party shall forfeit its case and the grievance shall be granted in favor of the party that is prepared to proceed in the arbitrator selection preference from process and denied as to the following sources:
1party refusing to proceed within the specified time limits. Arbitrator ▇▇▇▇ ▇▇▇▇▇
2That decision shall then become final and binding. Arbitrator ▇▇▇▇▇ ▇▇▇▇▇▇▇▇Unless otherwise agreed, all grievances for which arbitration is requested shall be determined by three
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION PROCEDURE.
12.1 The parties understand and agree that in the event any dispute arises out of the meaning, interpretation or application of the provisions of this Agreement, the same shall be settled by means of the procedures set out herein. No grievance shall be recognized unless the grieving party (Local Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a contractor on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five ten (510) days after becoming aware of the dispute but in no event more than thirty (30) days after it reasonably should have become aware of the event giving rise to the dispute. The time limits may be extended by mutual written agreement of the parties.
12.2 Grievances shall be settled according to the following procedures:
Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the Business Representative of the involved Local Union or District Council, or his/her designee, or the representative of the employee, and the representative of the involved Contractor/Employer shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days after its referral to Step 1, either involved party may submit it within three (3) business days to the Joint Administrative Committee, which shall meet within five (5) business days after such referral (or such longer time as is mutually agreed upon by all representatives on the Joint Administrative Committee), to confer in an attempt to resolve the grievance. If the dispute is not resolved within such time (five (5) business days after its referral or such longer time as mutually agreed upon), ) it may be referred within five (5) business days by either party to Step 3.
Step 3: Within five (5) business days after referral of a dispute to Step 3, the party filing the grievance will advise the District of its arbitrator selection preference from the following sources:
1. American Arbitration Association – Labor Arbitration Rules: Panel of 5 Labor Arbitrators who have experience with labor management disputes involving construction project labor agreements.
2. JAMS – Employment Practice: Panel of 5 Labor Arbitrators who have experience with labor management disputes involving construction project labor agreements.
3. Arbitrator ▇▇▇▇ ▇▇▇▇▇
2▇ 4. Arbitrator ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 5. Arbitrator ▇▇▇▇▇▇ ▇▇▇▇▇▇ If AAA or JAMS is selected as the source of securing the arbitrator, then the District will arrange with AAA or JAMS to provide the parties to the dispute with a list of five potential arbitrators. The parties will alternately strike names from the list, with the party filing the grievance striking first, until one name remains from the panel. The District will arrange with AAA or JAMS for the arbitration to take place according to the procedures and rules of AAA or JAMS for labor disputes. If any of the named arbitrators are selected, the District will contact the arbitrator and arrange for the arbitration to be held as soon as possible. The costs of the arbitration shall be borne equally by the party filing the grievance and the party or parties against which the grievance has been filed, with each party bearing their own attorneys fees and costs. It is understood that this grievance arbitration procedure will be used to resolve disputes regarding the language of the Project Labor Agreement, but will not be used to resolve disputes over language of Schedule A contract. Those disputes will be resolved under the dispute resolution procedures contained in the Schedule A contract. The decision of the Arbitrator shall be binding on all parties. The Arbitrator shall have no authority to change, amend, add to or detract from any of the provisions of the Agreement. The expense of the Arbitrator shall be borne equally by both parties. The Arbitrator shall arrange for a hearing as soon as practicable from the date of his/her selection. A written opinion may be requested by a party from the presiding Arbitrator. The time limits specified in any step of the Grievance Procedure set forth in Section 12.2 may be extended by mutual agreement of the parties initiated by the written request of one party to the other, at the appropriate step of the Grievance Procedure. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without a request for an extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing of and/or resolution of like or similar grievances or disputes. In order to encourage the resolution of disputes and grievances at Steps 1 and 2 of this Grievance Procedure, the parties agree that such settlements shall not be precedent setting.
Appears in 1 contract
Sources: Project Labor Agreement
GRIEVANCE ARBITRATION PROCEDURE. 12.1 The parties understand and agree that in the event any dispute arises out of the meaning, interpretation or application of the provisions of this Agreement, the same shall be settled by means of the procedures set out herein. No grievance shall be recognized unless the grieving party (Local Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a contractor on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five seven (57) calendar days after becoming aware of the dispute dispute, but in no event more than thirty (30) calendar days after it reasonably should have become aware of the event giving rise to the dispute. The time limits in this Article 12 may be extended by mutual written agreement of the parties.
12.2 Grievances shall be settled according to the following procedures:
Step 1: Within five seven (57) business calendar days after the receipt of the written notice of the grievance, the Business Representative of the involved Local Union or District CouncilUnion, or his/her designeethe City’s authorized representative, or the representative of the employeeconstruction person, and the representative of the involved Contractor/Employer Contractor shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five seven (57) business calendar days after its referral to Step 1, either involved party may submit it within three (3) business calendar days to Grievance Committee. The Grievance Committee shall consist of one (1) person selected by the Joint Administrative CommitteeCity and one (1) person selected by the Council, which shall meet within five seven (57) business calendar days after such referral (or such longer time as is mutually agreed upon by all representatives on of the Joint Administrative Committeesubcommittee), to confer in an attempt to resolve the grievance. The decision of the Grievance Committee shall be legal, final and binding. If the dispute is not resolved within such time seven (five (57) business calendar days after its referral or such longer time as mutually agreed upon), ) it may be referred within five seven (57) business calendar days by either party to Step 3.
Step 3: Within five seven (57) business calendar days after referral of a dispute to Step 3, the party filing representatives shall submit the grievance will advise matter to the District of its arbitrator selection preference from the following sources:
1. Arbitrator designated permanent Arbitrator, Judge ▇▇▇▇ ▇▇▇▇▇
2. Arbitrator ▇▇▇▇▇ ▇▇▇▇▇▇.
12.3 In the event that Judge ▇▇▇▇▇▇ is unavailable, the arbitrator shall be ▇▇▇▇▇▇▇ ▇▇▇▇▇.
12.4 The Arbitrator shall arrange for a hearing no later than fourteen (14) calendar days after the matter has been submitted to arbitration. A decision shall be given to the parties within five (5) calendar days after completion of the hearing unless such time is extended by mutual agreement. A written opinion from the Arbitrator may be requested by any party. The time limits specified in any step of the Grievance Procedure set forth in Section 12.1 may be extended by mutual agreement of the parties initiated by the written request of one party to the other, at the appropriate step of the Grievance Procedure. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without the request for an extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing of and/or resolution of like or similar grievances or disputes.
12.5 The decision of the Arbitrator shall be binding by all parties. The Arbitrator shall not have authority to change, amend, add, or detract from any of the provisions of the Agreement. The expense of the Arbitrator shall be borne equally by both parties.
12.6 In order to encourage the resolution of disputes and grievances at Step 1 and 2 of this Grievance Procedure, the parties agree that such settlements shall not be precedent- setting.
Appears in 1 contract
Sources: Community Workforce Agreement
GRIEVANCE ARBITRATION PROCEDURE. 12.1 13.1 The parties understand and agree that in the event any dispute arises out of the meaning, interpretation or application of the provisions of this Agreement, the same shall be settled by means of the procedures set out herein. No grievance shall be recognized unless the grieving party (Local Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a contractor Contractor/Employer on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five ten (510) business days after becoming aware of the dispute but in no event more than thirty (30) business days after it reasonably should have become aware of the event giving rise to the dispute. The time limits in Section 13.1 may be extended by mutual written agreement (oral or written) of the parties.
12.2 13.2 Grievances shall be settled according to the following procedures:
Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the Business Representative of the involved Local Union or District Council, or his/her designee, or the representative of the employee, and the representative of the involved Contractor/Employer shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days after its referral to Step 1, either involved party may submit it within three (3) business days to the Joint Administrative Subcommittee (consisting of the District and Union representatives of the Joint Administrative Committee), which shall meet within five (5) business days after such referral (or such longer time as is mutually agreed upon by all representatives on the Joint Administrative Committee), to confer in an attempt to resolve the grievance. Any resolution by the Joint Administrative Committee shall be final and binding. If the dispute is not resolved within such time (five (5) business days after its referral or such longer time as mutually agreed upon), it may be referred within five (5) business days by either party to Step 3.
Step 3: Within five (5) business days after referral of a dispute to Step 3, the party filing parties shall choose a mutually agreed upon neutral arbitrator for final and binding arbitration. If the grievance will advise parties cannot mutually agree on the District selection of its an arbitrator, the arbitrator selection preference shall be selected by the alternate striking method from the following sources:
1. Arbitrator list: ▇▇▇▇▇▇ ▇▇▇▇▇
2. Arbitrator ▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, and ▇▇▇▇▇▇ ▇▇▇▇▇. The order of striking names from the list of arbitrators shall be determined by a coin toss, the winner of which shall decide whether they wish to strike first or second. Such striking shall take place within three (3) days. If a party does not respond within three (3) days, this means any arbitrator from the list is acceptable. The decision of the arbitrator shall be binding on all parties. The arbitrator shall have no authority to change, amend, add to or detract from any of the provisions of the Agreement. The expense of the arbitrator shall be borne equally by both parties. The arbitrator shall arrange for a hearing on the earliest available date from the date of his/her selection. A decision shall be given to the parties within five (5) calendar days after completion of the hearing unless such time is extended by mutual agreement. A written opinion may be requested by a party from the presiding arbitrator. The time limits specified in any step of the Grievance Procedure set forth in Section 13.2 may be extended by mutual agreement of the parties initiated by the written request of one party to the other, at the appropriate step of the Grievance Procedure. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without a request for an extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing of and/or resolution of like or similar grievances or disputes. In order to encourage the resolution of disputes and grievances at Steps 1 and 2 of this Grievance Procedure, the parties agree that such settlements shall not be precedent setting.
Appears in 1 contract
Sources: Project Stabilization Agreement
GRIEVANCE ARBITRATION PROCEDURE. 12.1 The parties understand and agree that in the event any dispute arises out of the meaning, interpretation or application of the provisions of this Agreement, the same shall be settled by means of the procedures set out herein. No grievance shall be recognized unless the grieving party (Local Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a contractor on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five seven (57) calendar days after becoming aware of the dispute dispute, but in no event more than thirty (30) calendar days after it reasonably should have become aware of the event giving rise to the dispute. The time limits in this Article 12 may be extended by mutual written agreement of the parties.
12.2 Grievances shall be settled according to the following procedures:
Step 1: Within five seven (57) business calendar days after the receipt of the written notice of the grievance, the Business Representative of the involved Local Union or District CouncilUnion, or his/her designeethe City’s authorized representative, or the representative of the employeeconstruction person, and the representative of the involved Contractor/Employer Contractor shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five seven (57) business calendar days after its referral to Step 1, either involved party may submit it within three (3) business calendar days to Grievance Committee. The Grievance Committee shall consist of one (1) person selected by the Joint Administrative CommitteeCity and one (1) person selected by the Council, which shall meet within five seven (57) business calendar days after such referral (or such longer time as is mutually agreed upon by all representatives on of the Joint Administrative Committeesubcommittee), to confer in an attempt to resolve the grievance. The decision of the Grievance Committee shall be legal, final and binding. If the dispute is not resolved within such time seven (five (57) business calendar days after its referral or such longer time as mutually agreed upon), ) it may be referred within five seven (57) business calendar days by either party to Step 3.
Step 3: Within five seven (57) business seven calendar days after referral of a dispute to Step 3, the party filing representatives shall submit the grievance will advise matter to the District of its arbitrator selection preference from the following sources:
1. Arbitrator designated permanent Arbitrator, Judge ▇▇▇▇ ▇▇▇▇▇
2. Arbitrator ▇▇▇▇▇ ▇▇▇▇▇▇.
12.3 In the event that Judge ▇▇▇▇▇▇ is unavailable, the arbitrator shall be ▇▇▇▇▇▇▇ ▇▇▇▇▇.
12.4 The Arbitrator shall arrange for a hearing no later than fourteen days (14) calendar days after the matter has been submitted to arbitration. A decision shall be given to the parties within five (5) calendar days after completion of the hearing unless such time is extended by mutual agreement. A written opinion may be requested by a party from the Arbitrator. The time limits specified in any step of the Grievance Procedure set forth in Section 12.1 may be extended by mutual agreement of the parties initiated by the written request of one party to the other, at the appropriate step of the Grievance Procedure. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without the request for an extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing of and/or resolution of like or similar grievances or disputes.
12.5 The decision of the Arbitrator shall be binding by all parties. The Arbitrator shall not have authority to change, amend, add, or detract from any of the provisions of the Agreement. The expense of the Arbitrator shall be borne equally by both parties.
12.6 In order to encourage the resolution of disputes and grievances at Step 1 and 2 of this Grievance Procedure, the parties agree that such settlements shall not be precedent-setting.
Appears in 1 contract
Sources: Community Workforce Agreement
GRIEVANCE ARBITRATION PROCEDURE. 12.1 The parties understand and agree that in Section 1. A grievance is defined as an allegation by the event any dispute arises out Union regarding the application or violation of the meaning, interpretation or application of the provisions an express provision of this Agreement, the same and shall be settled by means of the procedures set out herein. No processed as follows:
STEP 1: The grievance shall be recognized unless the grieving party (Local Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a contractor on its own behalf) provides notice presented in writing to the signatory party Chief of Police within ten (10) days after the occurrence of the incident upon which the grievance is based. The Chief of Police shall meet with whom it has a dispute Union representative and the grievant within five (5) days, and shall answer the grievance in writing within three (3) days after such meeting.
STEP 2: If the written grievance is not resolved within eight (8) days after the submission to the Chief, the grievance shall be presented to the Town Manager within three (3) days of the receipt of the Chief’s written response or the expiration of the 8-day period, whichever comes first. The Town Manager shall meet with the Grievance Committee, which may be comprised of the grievant, the ▇▇▇▇▇▇▇ and the Union Business Agent, within ten (10) days, and shall answer the grievance in writing within five (5) days after becoming aware such meeting.
STEP 3: If the written grievance is still not resolved within fifteen (15) days after
(a) the receipt of the dispute but in no event more than thirty Town Manager’s written answer, or (30b) the expiration of the fifteen (15) days after it reasonably should have become aware allowed in Step 2, whichever comes first, the Union, and not any individual employee(s) may, by letter, request arbitration. Submission to arbitration shall be by letter addressed to the American Arbitration Association (AAA), and postmarked within the 15- day period. A copy of the event giving rise letter will be mailed concurrently to the disputeTown Manager. The Arbitrator will be selected from a panel provided by the AAA, and arbitration will be conducted under its rules. The expense of arbitration will be borne equally by the parties. The authority of the Arbitrator shall be limited to the interpretation of this Agreement. The Arbitrator shall have no right to add to, subtract from, or modify this Agreement. The decision of the Arbitrator shall be final and binding on both parties to this Agreement.
Section 2. A grievance shall be deemed waived by the Union and the grievant unless presented at each step within the time limits provided in such step. The responsibility is on the Union and the grievant to process the grievance within the time limit(s) provided. A grievance not answered, or not timely answered, at each step by the Town, shall be considered denied and shall not excuse the Union or the grievant from complying with the same time limit(s), unless such time limits are extended by mutual agreement.
Section 3. For the purpose of determining timely compliance or the limits discussed above, Saturday, Sunday and holidays will not be counted.
Section 4. By mutual agreement, a meeting may be held between the Union and the Town at any step of the grievance procedure.
(a) If a meeting is held, the time limitation for the answer to the grievance will be from the date of the meeting.
(b) Either party to the grievance may request an informal conference at any stage to clarify or resolve an issue.
(c) Nothing contained in this Section would prohibit representation by the Union at these informal meetings.
Section 5. Any employee who has completed the probationary period and has been found by the Arbitrator to have been suspended or discharged without just cause will be eligible for reinstatement to his/her former position, and for compensation at his/her regular rate of pay for time lost.
Section 6. Any of the above time limits may be extended by mutual written agreement consent of the parties.
12.2 Grievances shall be settled according to the following procedures:
Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the Business Representative of the involved Local Union or District Council, or his/her designee, or the representative of the employee, and the representative of the involved Contractor/Employer shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days after its referral to Step 1, either involved party may submit it within three (3) business days to the Joint Administrative Committee, which shall meet within five (5) business days after such referral (or such longer time as is mutually agreed upon by all representatives on the Joint Administrative Committee), to confer in an attempt to resolve the grievance. If the dispute is not resolved within such time (five (5) business days after its referral or such longer time as mutually agreed upon), it may be referred within five (5) business days by either party to Step 3.
Step 3: Within five (5) business days after referral of a dispute to Step 3, the party filing the grievance will advise the District of its arbitrator selection preference from the following sources:
1. Arbitrator ▇▇▇▇ ▇▇▇▇▇
2. Arbitrator ▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION PROCEDURE. 12.1 The All Project labor disputes involving the application or interpretation of the Schedule A Agreement to which a signatory Contractor and a signatory Union are parties understand shall be resolved pursuant to the resolution procedures of such Schedule A Agreement. All disputes involving discipline and/or discharge of employees working on the Project shall be resolved through the grievance and agree that arbitration provision contained in the event any dispute arises out Schedule A Agreement for the craft of the meaning, affected employee. All disputes relating to the interpretation or application of this Agreement that do not fall within the provisions of this AgreementArticle 4, the same Work Stoppages, Strikes, Sympathy Strikes and Lockouts, or Article 13, Jurisdictional Disputes, shall be settled governed by means of the procedures set out hereinfollowing grievance and arbitration procedure. No grievance shall be recognized unless the grieving party (Local Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a contractor on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five seven (57) calendar days after becoming aware of the dispute dispute, but in no event more than thirty (30) calendar days after it reasonably should have become aware of the event giving rise to the dispute. The time limits in this Section 12.1 may be extended by mutual written agreement of the parties.
12.2 Grievances shall be settled according to the following procedures:
Step 1: Within five seven (57) business calendar days after the receipt of the written notice of the grievance, the Business Representative of parties to the involved Local Union or District Council, or his/her designee, or the representative of the employee, and the representative of the involved Contractor/Employer grievance shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five seven (57) business calendar days after its referral to Step 1, either involved party may submit it within three (3) business calendar days to the Joint Administrative Committee, Committee which shall meet within five seven (57) business calendar days after such referral (or such longer time as is mutually agreed upon by all representatives on of the Joint Administrative CommitteeJAC), to confer in an attempt to resolve the grievance. Regardless of which party has initiated the grievance proceeding, prior to the meeting of the Joint Administrative Committee, the Union(s) shall notify its International Union(s) Representative(s), which shall advise both parties if they intend on participating in the meeting. The participation by the International Union(s) Representative(s) in this Step 2 meeting shall not delay the time set herein for the meeting, unless otherwise mutually agreed by the parties. A decision of the Joint Administrative Committee shall be final and binding. If the dispute is not resolved within such time (five seven (57) business calendar days after its referral or such longer time as mutually agreed upon), ) it may be referred within five seven (57) business calendar days by either party to Step 3.
Step 3: Within five seven (57) business seven calendar days after referral of a dispute to Step 3, the representatives of each party filing shall choose an arbitrator for final and binding arbitration. The parties agree that an arbitrator shall be selected by the grievance will advise the District of its arbitrator selection preference alternate striking method from the following sources:
1list. Arbitrator ▇▇▇▇ ▇▇▇▇▇
2. Arbitrator ▇▇▇▇▇ ▇▇▇▇▇▇▇▇The party who shall strike the first name shall be selected by the toss of a coin.
Appears in 1 contract
Sources: Project Stabilization Agreement
GRIEVANCE ARBITRATION PROCEDURE. 12.1 The parties understand 6.1 In this Article, a grievance will consist only of a dispute concerning interpretation and agree that application of any clause in the event any dispute arises out this Agreement; alleged violations of the meaningAgreement and discipline or discharge of employees without reasonable cause. If any question arises as to whether a particular dispute is or is not a grievance within the meaning of these provisions, interpretation or application the question may be taken up through the grievance procedure and determined if necessary by Arbitration. There shall be an ▇▇▇▇▇▇▇ effort on the part of both parties to settle such grievance promptly through the following steps. An employee called into the Employer’s office for disciplinary matters may, upon request, be accompanied by a Union ▇▇▇▇▇▇▇. Copies of the provisions of this AgreementDisciplinary notices will be given to the employee involved, the same shall Union, and the Union ▇▇▇▇▇▇▇. Any disciplinary action taken by the Company must be settled by means of the procedures set out herein. No grievance shall be recognized unless the grieving party (Local Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a contractor on its own behalf) provides notice in writing issued to the signatory party with whom it has a dispute employee within five (5) working days after of the Company becoming aware of the dispute but alleged infraction. All time limits referred to in no event more than thirty the grievance or arbitration proceedings may be extended by mutual agreement of the parties. For disciplinary measures, all infractions will be removed from the employee’s record after a period of eighteen (3018) months. Attendance records, once given to the employee, ▇▇▇▇▇▇▇ or Union, cannot be altered by the Company, without consensus of the afore- mentioned parties, and the record will therefore stand.
6.2 a) Step 1 - The employee will discuss the circumstances of the grievance with his immediate supervisor. The employee may be accompanied by a Union ▇▇▇▇▇▇▇. Such discussion will take place within five (5) working days after it reasonably should have become aware of the event giving rise to the disputegrievance. The time limits may be extended by mutual written agreement of the parties.
12.2 Grievances shall be settled according immediate supervisor will give a verbal answer to the following procedures:
Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the Business Representative of the involved Local Union or District Council, or his/her designee, or the representative of the employee, and the representative of the involved Contractor/Employer shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days after its referral to Step 1, either involved party may submit it grievance within three (3) business working days to the Joint Administrative Committee, which shall meet within five (5) business days after of such referral (or such longer time as is mutually agreed upon by all representatives on the Joint Administrative Committee), to confer in an attempt to resolve the grievance. If the dispute is not resolved within such time (five (5) business days after its referral or such longer time as mutually agreed upon), it may be referred within five (5) business days by either party to Step 3meeting.
6.2 b) Step 3: Within five (5) business days after referral of a dispute to 2 - Failing settlement in Step 31, the party filing the grievance will advise the District of its arbitrator selection preference from the following sources:
1. Arbitrator ▇▇▇▇ ▇▇▇▇▇
2. Arbitrator ▇▇▇▇▇ ▇▇▇▇▇▇▇ will, within five (5) working days of the Step 1 answer, present the grievance in writing to the Employer. Within five (5) working days of such presentation, the Management of the Employer will meet with the ▇▇▇▇▇▇▇ and representative of the Union. The answer of the Management (or the Union, in the case of an Employer grievance) will be delivered in writing within five (5) workings of the meeting.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE ARBITRATION PROCEDURE. 12.1 The parties understand and agree that in the event any dispute arises out of the meaning, interpretation or application of the provisions of this Agreement, the same shall be settled by means of the procedures set out herein. No grievance shall be recognized unless the grieving party (Local Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a contractor on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five seven (57) calendar days after becoming aware of the dispute dispute, but in no event more than thirty (30) calendar days after it reasonably should have become aware of the event giving rise to the dispute. The time limits in this Article 12 may be extended by mutual written agreement of the parties.
12.2 Grievances shall be settled according to the following procedures:
Step 1: Within five seven (57) business calendar days after the receipt of the written notice of the grievance, the Business Representative of the involved Local Union or District CouncilUnion, or his/her designeethe City’s authorized representative, or the representative of the employeeconstruction person, and the representative of the involved Contractor/Employer Contractor shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five seven (57) business calendar days after its referral to Step 1, either involved party may submit it within three (3) business calendar days to Grievance Committee. The Grievance Committee shall consist of one (1) person selected by the Joint Administrative CommitteeCity and one (1) person selected by the Council, which shall meet within five seven (57) business calendar days after such referral (or such longer time as is mutually agreed upon by all representatives on of the Joint Administrative Committeesubcommittee), to confer in an attempt to resolve the grievance. The decision of the Grievance Committee shall be legal, final and binding. If the dispute is not resolved within such time seven (five (57) business calendar days after its referral or such longer time as mutually agreed upon), ) it may be referred within five seven (57) business calendar days by either party to Step 3.
Step 3: Within five seven (57) business seven calendar days after referral of a dispute to Step 3, the party filing representatives shall submit the grievance will advise matter to the District of its arbitrator selection preference from the following sources:
1. Arbitrator designated permanent Arbitrator, Judge ▇▇▇▇ ▇▇▇▇▇
2. Arbitrator ▇▇▇▇▇ ▇▇▇▇▇▇.
12.3 In the event that Judge ▇▇▇▇▇▇ is unavailable, the arbitrator shall be ▇▇▇▇▇▇▇ ▇▇▇▇▇.
12.4 The Arbitrator shall arrange for a hearing no later than fourteen days (14) calendar days after the matter has been submitted to arbitration. A decision shall be given to the parties within five (5) calendar days after completion of the hearing unless such time is extended by mutual agreement. A written opinion may be requested by a party from the Arbitrator. The time limits specified in any step of the Grievance Procedure set forth in Section 12.1 may be extended by mutual agreement of the parties initiated by the written request of one party to the other, at the appropriate step of the Grievance Procedure. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without the request for an extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing of and/or resolution of like or similar grievances or disputes.
12.5 The decision of the Arbitrator shall be binding by all parties. The Arbitrator shall not have authority to change, amend, add, or detract from any of the provisions of the Agreement. The expense of the Arbitrator shall be borne equally by both parties.
12.6 In order to encourage the resolution of disputes and grievances at Step 1 and 2 of this Grievance Procedure, the parties agree that such settlements shall not be precedent- setting.
Appears in 1 contract
Sources: Community Workforce Agreement
GRIEVANCE ARBITRATION PROCEDURE. 12.1 7.1 The Guild shall designate a committee of its own choosing to take up with the Employer or authorized representative any disputes regarding the interpretation of this agreement, discharges, discipline, wages and/or other terms and conditions of employment.
7.2 Before filing a formal grievance concerning a non-disciplinary issue, and within thirty (30) calendar days after the employee or the Guild knew, or by reasonable diligence should have known, the facts giving rise to the dispute, the Guild shall bring the matter to the Employer’s attention and agrees to attempt to resolve any issue or dispute through discussions with the Employer’s designated representative.
7.3 Within fourteen (14) calendar days after the first meeting conducted under Section 7.2, the Guild may file a written grievance as provided below. The written grievance shall explain the dispute, include a specific statement of the remedy sought, and request a meeting regarding the dispute.
(a) A grievance of discipline or discharge shall be filed within fourteen (14) days of receipt of the notice of discipline or discharge.
7.4 A grievance meeting shall be held as promptly as possible after the Employer receives the written grievance but, in any case, within fourteen (14) calendar days thereafter. A grievance committee of not more than two (2) bargaining unit employees designated by the Guild shall meet with two representatives of the Employer and shall discuss the grievance. The Guild may substitute A TNG-CWA local or national representatives for up to one (1) grievance committee members. In addition to the two representatives, the Guild may have one (1) grievant attend. The parties understand and may mutually agree that in to attendance by more than one grievant.
7.5 If the event any dispute arises out of parties resolve the meaning, interpretation or application of the provisions of this Agreementdispute, the same resolution shall be settled promptly reduced to writing and signed by means of at least one representative for each party. If the procedures set out herein. No parties are not able to resolve the dispute, the Employer’s designated representative shall respond to the grievance shall be recognized unless the grieving party (Local Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a contractor on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five (5) calendar days after becoming aware of the meeting, or either party may refer the dispute but in no event more than thirty (30) days after it reasonably should have become aware of the event giving rise to the dispute. The time limits may be extended by mutual written agreement of the partiesresolution step.
12.2 Grievances shall be settled according to 7.6 If the following procedures:
Step 1: Within five resolution step is not requested, the Guild has fourteen (514) business calendar days after from the Guild’s receipt of the Employer’s written notice of response to the grievance, the Business Representative of the involved Local Union or District Council, or his/her designeegrievance committee meeting, or the representative of the employeedate such response was due, and the representative of the involved Contractor/Employer shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve submit the dispute within the five (5) business days after its referral to Step 1, either involved party may submit it within three (3) business days to the Joint Administrative Committee, which shall meet within five (5) business days after such referral (or such longer time as is mutually agreed upon by all representatives on the Joint Administrative Committee), to confer in an attempt to resolve the grievanceArbitration. If the dispute resolution step is not resolved within such time requested, a meeting shall take place no later than fourteen (five (514) business calendar days after its referral or such longer time as mutually agreed upon), it may be referred within five (5) business days by either party from the Guild’s receipt of the Company’s written response to Step 3.
Step 3: Within five (5) business days after referral of a dispute to Step 3, the party filing the grievance will advise committee meeting or the District of its arbitrator selection preference from date such response was due. For the following sources:
1. Arbitrator ▇▇▇▇ ▇▇▇▇▇
2. Arbitrator ▇▇▇▇▇ ▇▇▇▇▇▇▇▇resolution step, each party shall appoint two
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION PROCEDURE. 12.1 14.1 The parties understand and Parties hereby agree that in all grievances and disputes that may arise concerning the event any dispute arises out application or the interpretation of the meaning, interpretation or application of the provisions terms of this Agreement, the same other than disputes arising from conduct described in Article V (Work Stoppages, Strikes, Sympathy Strikes and Lockouts), Article XVI (Jurisdictional Disputes) and Article X (Employee Disciplinary Grievances), shall be settled by means of handled in accordance with the procedures set out herein. No grievance shall be recognized unless the grieving party (Local Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a contractor on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five (5) days after becoming aware of the dispute but in no event more than thirty (30) days after it reasonably should have become aware of the event giving rise to the dispute. The time limits may be extended by mutual written agreement of the partiesfollowing procedures.
12.2 14.2 Grievances and disputes shall be settled according to the following procedures:
Step 1: Within The business representative of the local Union involved shall first attempt to settle the matter by oral discussion with the particular Contractor’s project superintendent no later than five (5) business working days after the receipt Union submitting the grievance first became aware of, or by the use of the written notice of the grievancereasonable diligence should have been aware of, the Business Representative of occurrence first giving rise to the involved Local Union dispute or District Councilgrievance. If the matter is not resolved with the superintendent within five (5) working days after the oral discussion with the superintendent, the dispute or his/her designee, or grievance shall be reduced to writing by the representative of the employee, and the representative of the involved Contractor/Employer shall confer and attempt to resolve the grievancegrieving Union.
Step 2: In If the event that the representatives are unable to resolve the dispute within the five (5) business days after its referral to matter is not resolved in Step 1, either involved party may submit it within three (3) business days to the Joint Administrative Committeeabove, which shall meet within five (5) business working days after such referral (the oral discussion with the superintendent and the business representative of the Union involved, the written grievance shall be given to the particular Contractor involved. The business manager of the involved local Union or such longer time as is mutually agreed upon by all representatives on his designee shall meet with the Joint Administrative Committee), to confer in an attempt to resolve the grievance. If the dispute is not resolved within such time (five (5) business days after its referral or such longer time as mutually agreed upon), it may be referred involved Contractor within five (5) business working days after they first meet to hear the grievance, then the Union may, within ten (10) calendar days after meeting with the Contractor, by either party written notice to Step 3the Contractor, submit the grievance to arbitration in accordance with the provisions as set forth below.
Step 3: Within After notice by any party of intent to submit a grievance to arbitration, the Parties shall have five (5) business days after referral to attempt, by mutual agreement, to select as the Arbitrator to hear the dispute, one of a dispute the Arbitrators listed under the Expedited Arbitration provisions of Article V, Section 5.3 of this Agreement. If the Parties are unable to Step 3reach such agreement, the party filing the grievance will advise the District of its first arbitrator selection preference from the following sources:list, on a rotational basis, shall be the arbitrator to hear the dispute. The decision of the Arbitrator shall not have the authority to alter, amend, add to or delete from the provisions of this Agreement in any way. A failure of any party to attend said hearing shall not delay the hearing of evidence or the issuance of any decision by the Arbitrator. Should any party seek judicial enforcement of the Award made by the Arbitrator, the prevailing party shall be entitled to receive its reasonable attorney fees and costs.
114.3 The time limits specified in any step of the Grievance Arbitration Procedure set forth in Section 14.2 may be extended by mutual agreement of the Parties. Arbitrator ▇▇▇▇ ▇▇▇▇▇However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without a request for an extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing and/or resolution of like or similar grievances.
214.4 Grievances, which are settled directly by the Parties to such grievance, shall not be precedent setting. Arbitrator ▇▇▇▇▇ ▇▇▇▇▇▇▇▇The costs of the arbitrator shall be borne equally between the grieving Union and the affected Contractor.
Appears in 1 contract
Sources: Project Labor Agreement
GRIEVANCE ARBITRATION PROCEDURE. 12.1 The parties understand Section a) Should any difference arise between the Company and agree that in the event Union or between the Company and any dispute arises out of employee covered by this Agreement as to the meaning, interpretation or meaning and application of the provisions of this Agreement, the same shall be settled by means of the procedures set out herein. No grievance shall be recognized unless the grieving party (Local Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a contractor on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five (5) days after becoming aware of the dispute but in no event more than thirty (30) days after it reasonably should have become aware of the event giving rise to the dispute. The time limits may be extended by mutual written agreement of the parties.
12.2 Grievances shall be settled according to the following procedures:
Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the Business Representative of the involved Local Union or District Council, or his/her designee, or the representative of the employee, and the representative of the involved Contractor/Employer shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days after its referral to Step 1, either involved party may submit it within three (3) business days to the Joint Administrative Committee, which shall meet within five (5) business days after such referral (or such longer time as is mutually agreed upon by all representatives on the Joint Administrative Committee), to confer in an attempt to resolve the grievance. If the dispute is not resolved within such time (five (5) business days after its referral or such longer time as mutually agreed upon), it may be referred within five (5) business days by either party to Step 3.
Step 3: Within five (5) business days after referral of a dispute to Step 3, the party filing the grievance will advise the District of its arbitrator selection preference from the following sources:
1. Arbitrator ▇▇▇▇ ▇▇▇▇▇
2. Arbitrator ▇▇▇▇▇ effort shall be made to settle such differences, providing such difference has been submitted within ten (10) working days (except for terminations which shall be five (5) working days) of the incident or discovery or knowledge of the incident.
Section b) All disputes of employees shall be taken up for settlement in the first instance verbally with the immediate supervisor by the employee and his Shop ▇▇▇▇▇▇▇. The group should endeavor to reach settlement of the matter within twenty-four (24) hours.
Section c) If the dispute is not settled with the twenty-four (24) hour period, it will then be reduced to writing, signed by the employee and the ▇▇▇▇▇▇▇, or the Stewards in a group case and specifying the Article and Sections of the Agreement believed violated and what relief is sought and be submitted to the Plant Manager within an additional twenty-four (24) hours.
Section d) The Plant Manager will answer the grievance within five (5) days and present it to the Shop ▇▇▇▇▇▇▇ and the Union. If the Plant Manager’s answer is still unsatisfactory, then within five (5) days, the Union Business Representative or Shop ▇▇▇▇▇▇▇ shall schedule a meeting with a representative of management designated by the Company. If the grievance is not resolved at the meeting, the Company will reply to the Shop ▇▇▇▇▇▇▇ and the Union within five (5) days.
Section e) If the dispute is still not resolved, the Union or the Company may appeal the grievance to arbitration within an additional five (5) days. The parties shall jointly engage an impartial arbitrator to adjust the dispute, whose decision shall be final and binding upon both parties.
Section f) The arbitrator shall not have the right to add to nor subtract from nor modify any of the terms of his Agreement.
Section g) It is agreed and understood that only one (1) issue shall be submitted to one (1) arbitrator unless the Union and the Company shall mutually agree to submit more than one (1) grievance to the same arbitrator.
Section h) The arbitrator shall submit his decision in writing within thirty (30) working days after he has heard the case. His decision must specify in what manner the amount (if pay is involved) is to be received by the aggrieved party.
Section i) The cost of the arbitrator shall be borne equally by the parties.
Section j) All time limits specified above exclude Saturdays, Sundays, and holidays.
Section k) American Arbitration Association shall furnish a panel of arbitrators whose selection shall be determined by the rules of that organization.
Section l) All of the time limits provided herein may be extended by mutual agreement.
Appears in 1 contract