GRIEVANCE & ARBITRATION PROCEDURES Clause Samples
The Grievance/Arbitration Procedures clause establishes a formal process for resolving disputes or complaints that arise between parties, typically in an employment or collective bargaining context. It outlines the steps that must be followed, such as submitting a written grievance, engaging in meetings or negotiations, and, if unresolved, proceeding to arbitration where a neutral third party makes a binding decision. This clause ensures that disagreements are addressed systematically and fairly, providing a clear path to resolution and helping to prevent escalation or litigation.
GRIEVANCE & ARBITRATION PROCEDURES. 26:01 When a party desires that a grievance be submitted to arbitration, that party shall notify the other party in writing within twenty (20) working days of the decision handed down at Step 2 that they desire to go to arbitration. Where the party initiating the arbitration proceedings wishes to request arbitration by a single arbitrator, the notice referred to above shall so state:
(a) Where the party who receives the notice accepts the request for a single arbitrator the parties will attempt to reach agreement on the selection of a single arbitrator within ten (10) working days;
(b) Where the party who receives the notice rejects the request for a single arbitrator or where the parties have failed to reach agreement on the selection of a single arbitrator within ten (10) working days of receiving the notice, the party initiating the arbitration proceedings shall notify the other party in writing of their appointee to the Arbitration Board. The other party shall, within ten (10) working days of the receipt of the notice, provide written notice of their appointee. The members of the Arbitration Board shall, within ten (10) working days of the appointment of the second of them, appoint a third member who shall be the Chairperson.
(c) Where the parties have agreed to a single arbitrator, the single arbitrator shall be considered to be an Arbitration Board for purposes of this Article.
26:02 Any of the time limits referred to above may be extended by mutual agreement of the parties.
26:03 The Arbitrator shall not have the power to add to, subtract from or modify or alter in any way the provisions of this Agreement or any signed Memorandum of Agreement between the parties.
GRIEVANCE & ARBITRATION PROCEDURES. (1) No grievance resolution accomplished at a level below a decision by the Sheriff shall be cited as or established precedent with respect to any other grievance or interpretation of this Agreement. Working days in this article are defined as Monday through Friday excluding recognized holidays as listed in Article 7 of this agreement. This procedure does not preclude, and the parties are encouraged to engage in, informal discussion in an attempt to resolve problems without filing a formal grievance, even though such discussions are not part of this procedure.
GRIEVANCE & ARBITRATION PROCEDURES. 1. A grievance is hereby jointly defined as an appeal of the interpretation, application or violation of policies, agreements, and administrative decisions affecting an employee(s) or the majority representative of the employees. For the purpose of providing an orderly method for handling and disposing of grievances as defined, it is hereby agreed that grievances shall be adjusted as follows unless there are specific exceptions cited within the Agreement:
STEP 1. The SOA President, or his designee, shall present and discuss the grievance(s) orally with the chief of police, or his designee, within fifteen (15) working days after the grievant(s) knew or should have known of the occurrence giving rise to the grievance. The chief, or his designee, shall answer the grievance orally within five (5) working days from the date of its presentation.
STEP 2. If the grievance is not resolved satisfactorily at Step 1, or if no answer has been received by the SOA within the time limit set forth in Step 1, the SOA shall present its grievance, in writing, within five (5) working days to the chief of police, or his designee. This presentation shall set forth the nature of the grievance involved, the applicable provisions of this Agreement and the position of the SOA with respect to same. The chief, or his designee, shall answer the grievance, in writing, within five (5) working days after receipt of same.
STEP 3. If the grievance is not resolved satisfactorily at Step 2, or if no answer has been received by the SOA within the time limit set forth in Step 2, the grievance shall be presented, in writing, to the Township administrator within five (5) working days thereafter. Upon mutual agreement by the parties, a meeting may be held on the grievance between the SOA and the Township administrator, at which meeting the parties may be represented by legal counsel. Said meeting shall not be held publicly unless the parties so agree in writing. The Township administrator shall render his final written decision on the grievance within ten (10) working days of the date of its presentation or, if a meeting is held, within ten (10) working days thereafter setting forth the position of the employer.
STEP 4. If the grievance is not resolved at Step 3, or if no answer has been received by the SOA within the time limit set forth in Step 3, the grievance shall be presented, in writing, by the SOA to the mayor and Township Committee within five (5) working days. Upon mutual agreement by th...
GRIEVANCE & ARBITRATION PROCEDURES. All claims, disputes or grievances whatsoever of whatever kind or nature arising between the parties shall be adjusted by the Union and the Employer. If such disputes are not adjusted within five (5) days, then the matter shall be submitted to arbitration, to an arbitrator mutually agreed upon, failing which, then to the New Jersey State Public Employer Relation Commission for designation of the arbitrator. The decision of the arbitrator shall be final and binding and the appropriate proceedings or judgment in any court of competent jurisdiction may enforce any award, decision or findings of the arbitrator. The cost of such arbitration shall be borne by the losing party.
GRIEVANCE & ARBITRATION PROCEDURES. 16.1 Differences between the Employer and the Union as to the application or interpretation of any of the provisions of this Agreement, including the question of whether a non-probationary Employee has been disciplined or discharged for just cause, shall be settled by the following grievance and arbitration procedures.
GRIEVANCE & ARBITRATION PROCEDURES. The Parties confirm that they recognize that mutual cooperation is necessary to the effective resolution of workplace disputes in a timely manner. All reasonable efforts should be made to determine the facts in any matter before a grievance is pursued.
GRIEVANCE & ARBITRATION PROCEDURES. 3-4.1 No matter shall be considered a proper subject for arbitration or be subject to the arbitration provision set forth herein, if it pertains to (a) any matter for which a specific method of review is prescribed by law or (b) any rule or regulation of the State Commissioner of Education or (c) any by-law of the Board pertaining to its internal organization or (d) any matter which according to law is either beyond the scope of Board authority or limited to unilateral action by the Board alone or (e) a complaint of a teacher not on a continuing contract which arises by reason of his/her not being reemployed or (f) a complaint by any certified personnel occasioned by appointment to or lack of appointment to, retention in or lack of retention in any position for which a continuing contract is either not possible or not required.
3-4.2 An arbitrator mutually agreeable to the parties shall be selected from a list provided by the Public Employee Labor Relations Board or provided by each party. If after ten (10) calendar days from receipt of this list the parties are unable to reach agreement on the appointment of an arbitrator, an arbitrator shall be selected utilizing the services of the American Arbitration Association.
3-4.3 The arbitrator shall be limited to the issues as submitted at the School Board level, and shall consider nothing else. He/she may add nothing to nor subtract anything from the Agreement between the parties. The findings of the arbitrator shall be final and binding. Only the Board and the aggrieved and his/her representative shall be given copies of the arbitrator’s report. This shall be accomplished within thirty
GRIEVANCE & ARBITRATION PROCEDURES. A grievance shall be defined as any question, dispute, or difference of opinion involving interpretation, application, administration or alleged violation of any term, provision or condition of this collective agreement, including the question of whether a matter is arbitrable. Berrertay Otxascrel Teacher Collective V eer ed September 1, 2W4—Angst 31, 2CW
GRIEVANCE & ARBITRATION PROCEDURES. Intent The Administration and the AAUP‑FA recognize and endorse the importance of adjusting grievances properly without fear of prejudice or reprisal. Accordingly, the Administration and the AAUP‑FA agree that they will use their best efforts to encourage the informal and prompt settlement of complaints and grievances, as hereinafter defined. The orderly processes hereinafter set forth shall be the sole method for the resolution of all complaints and grievances.
GRIEVANCE & ARBITRATION PROCEDURES. 22.01 An Employee who feels that she/he has been treated unjustly or considers herself/himself aggrieved by any action or lack of action by the Employer shall, within five (5) working days, first discuss the matter with his/her immediate supervisor. The Employee may have a ▇▇▇▇▇▇▇ present, if so desired. The supervisor shall answer the dispute within ten (10) working days of the discussion, unless the Union agrees to extend this time limit. When any dispute cannot be settled by the foregoing informal procedure, it shall be deemed to be a “grievance”, and the supervisor shall be notified, by way of stated grievance in the proper form, outlining the article violated, facts in support of the grievance and remedy sought. In each of the following steps of the grievance procedure, the person designated by the Employer as the first, second, or third level of the grievance procedure shall arrange a meeting or meetings, with the Union representative named in the grievance at the earliest mutually agreeable time, and not later than the time limit provided for in the applicable step of the grievance procedure.
22.02 Where the grievance relates to the interpretation of application of this Collective Agreement, or an arbitral award, an Employee is not entitled to present the grievance unless she/he has the approval in writing of the Union, or is represented by the Union.