GRIEVANCE ARBITRATION. The City and the Municipal Workers strive to promote ethical, positive and cohesive labor/management relations and to maintain a professional interaction among all members of management, Union officials and employees. Therefore, the parties are highly encouraged to resolve grievances through discussions as defined herein. A grievance is an allegation by an employee(s), or the Union that the terms of the Agreement between the Union and the City have been violated or misrepresented. Grievances must site the specific article(s) and sections that the City has allegedly violated in the agreement. The written grievance must also include the remedy sought to correct the alleged grievance. The grievance process is not to be used for matters unrelated to this Collective Bargaining Agreement (e.g. FMLA, ADA, etc.). Departments and Agencies have authority to resolve grievances at the appropriate steps if such resolution does not conflict with this Collective Bargaining Agreement, Human Resources Policies and Procedures, Administrative Regulations, or other City Policies. A failure of probation, consultations, and oral reprimands are not appealable through the Grievance Procedure. The City and the Union agree that, unless otherwise stated within this Agreement, grievances filed over a disciplinary action greater than a written reprimand shall be initiated at step 2 of the grievance procedure. When a grievance arises, the following procedure shall be followed: Step 1. If there is an employee(s) who believes they have been aggrieved, he/she with the President or Vice President, or a ▇▇▇▇▇▇▇ shall first notify their immediate supervisor/manager of a potential grievance within ten (10) working days of the date the employee becomes aware of the incident precipitating the grievance. The employee should notify the supervisor/manager as soon as possible so that the parties can attempt to informally resolve the matter.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE ARBITRATION. The City and the Municipal Workers Teamsters strive to promote ethical, positive and cohesive labor/management relations and to maintain that as a mainstay of its institutional culture. Civil and professional interaction interactions among all members of management, Union officials and employeesemployees are essential to support the efficient delivery of municipal services. Therefore, the parties are highly encouraged to resolve grievances through discussions any grievances as defined herein. A grievance is an allegation by an employee(s), shall be defined as a dispute involving questions of interpretation or application of the Union that the specific terms of this Agreement. Having a desire to create and maintain labor harmony between them, the Agreement parties hereto agree that they will promptly attempt to resolve all grievances arising between them. Failure of probation shall not be subject to the grievance/arbitration procedure. Oral reprimands shall not be subject to the grievance/arbitration procedure. Written reprimands are not subject to the arbitration process. Disciplinary penalties resulting in suspensions of 24 hours or less (or equivalent penalties) shall be subject to the grievance and arbitration process. Disciplinary penalties resulting in suspensions greater than 24 hours (or equivalent penalties) may be appealed through the grievance/arbitration process or at the employee’s option, through the Civil Service Commission, but not both. Should grievances arise between the Union parties to this Agreement or between the employees covered herein and the City have been violated City, the aggrieved party to this Agreement or misrepresented. Grievances employee or employees, as the case may be, shall use the following procedure as the sole means of resolving said grievances in the following manner: The grievance must site cite the specific article(s) Article and sections that the City has Section allegedly violated in the agreementAgreement. The written grievance must also include the remedy sought to correct the alleged grievance. The grievance process is not to be used for matters unrelated to this Collective Bargaining Agreement (e.g. FMLA, ADA, etc.). Departments and Agencies have authority to resolve grievances at the appropriate steps if such resolution does not conflict with this Collective Bargaining Agreement, Human Resources Policies and Procedures, Administrative Regulations, or other City Policies. A failure of probation, consultations, and oral reprimands are not appealable through the Grievance Procedure. The City and the Union agree that, unless otherwise stated within this Agreement, grievances filed over a disciplinary action greater than a written reprimand shall be initiated at step 2 of the grievance procedure. When a grievance arises, the following procedure shall be followed:
Step 1. If there is an employee(semployee (or employees) who believes believe they have been aggrieved, he/she with the President or Vice President, or a ▇▇▇▇▇▇▇ or a witness shall first notify their immediate supervisor of a potential grievance within 5 working days of knowledge. Disputes concerning written reprimands shall be brought to the next highest level of supervision over which the written reprimand was issued. The supervisor/manager will respond verbally within five (5) working days of a potential such meeting.
Step 2. Failing to resolve the grievance in accordance with Step 1, the Union may then reduce such grievance to writing and submit it to the Division Head or designee no later than 15 working days of knowledge. The Union ▇▇▇▇▇▇▇ and/or business representative and Division Head or designee shall meet to attempt to resolve the grievance within ten (10) working days from receipt of the date the employee becomes aware of the incident precipitating the written grievance. The employee should notify Division Head or designee shall provide a written response within 5 working days of the supervisor/manager as soon as possible so that Step 2 meeting.
Step 3. If the parties can grievance is not resolved at Step 2, the Union may request a Step 3 meeting with the Department Director within 5 working days from receipt of the Step 2 response. The Union ▇▇▇▇▇▇▇ and/or business representative and Director or designee shall meet to attempt to informally resolve the mattergrievance within ten (10) working days from receipt of Step 3 meeting request. The Director or designee shall provide a written response within 10 working days of the Step 3 meeting.
Step 4. If the grievance is not satisfactorily resolved at Step 3, the Union may, within five
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE ARBITRATION. The City 21.01 Any difference between any teacher covered by this Agreement and the Municipal Workers strive Board or between the Association and the Board concerning the interpretation, application, operation or alleged violation of this Agreement, including any dispute as to promote ethicalwhether the difference is arbitrable, positive and cohesive labor/management relations and shall be dealt with as follows, without stoppage of work or refusal to maintain perform work.
21.02 Any grievance must be submitted within thirty (30) school days of the occurrence, incident, or circumstances giving rise to the grievance.
21.03 Where such a professional interaction among all members of management, Union officials and employees. Thereforedifference arises, the parties are highly encouraged hereby agree that everything possible will be done to resolve grievances through discussions as defined hereinsettle such a difference within twenty (20) school days of the grievance or alleged violation being filed in writing with the Board. A Any pertinent correspondence shall be made available at that time.
21.04 In the event the grievance is an allegation by an employee(s), or not settled within fifteen (15) school days after the Union that the terms date of submission of the grievance in accordance with Article 21.02, then on or before a further five (5) school days has elapsed the grievance shall be referred in writing by the grievor to the grievance committee. The grievance shall set out the nature of the grievance, the articles of this Agreement between the Union and the City that it is alleged have been violated or misrepresented. Grievances must site the specific article(s) and sections that the City has allegedly violated in the agreement. The written grievance must also include the remedy sought to correct the alleged grievancesought. The grievance process is not to committee shall be used for matters unrelated to this Collective Bargaining Agreement (e.g. FMLAmade up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as may be needed. For the Association: The President and/or Regional President The Executive Director The employee, ADA, etc.). Departments if applicable The grievance committee shall meet and Agencies have authority endeavour to resolve grievances at the appropriate steps if such resolution does not conflict with this Collective Bargaining Agreement, Human Resources Policies and Procedures, Administrative Regulations, or other City Policies. A failure of probation, consultations, and oral reprimands are not appealable through the Grievance Procedure. The City and the Union agree that, unless otherwise stated within this Agreement, grievances filed over a disciplinary action greater than a written reprimand shall be initiated at step 2 of the grievance procedure. When a grievance arises, the following procedure and shall be followed:
Step 1. If there is an employee(s) who believes they have been aggrieved, he/she with the President or Vice President, or a ▇▇▇▇▇▇▇ shall first notify their immediate supervisor/manager of a potential grievance render its decision within ten (10) working school days of the date meeting. If the employee becomes aware grievance committee reaches a unanimous decision as to the disposition of the incident precipitating grievance that decision shall be final and binding on all parties.
21.05 Where the parties fail to reach a satisfactory resolution to the grievance as referred to in Article 21.04; the grieving party may within ten (10) school days refer the matter to arbitration. The party advancing the grievance to arbitration shall notify the other in writing of its desire to submit the difference to arbitration. Such notice shall contain a statement of the difference and shall specify the person or persons the party giving the notice is willing to accept as a single arbitrator. If the party receiving the notice accepts the person or one of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days, and the difference shall thereupon be submitted to the arbitrator agreed upon by the parties. If the party receiving the notice does not accept any of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days and shall indicate the person or persons it is willing to accept as a single arbitrator. If the parties are unable to agree on a person to act as a single arbitrator, either party may make a written request to the Federal Minister of Labour to appoint an arbitrator, and any person so appointed shall be deemed, for all purposes, to have been appointed pursuant to the collective agreement between the parties. The arbitrator shall inquire into and determine the difference and shall issue an award in writing. The decision of the arbitrator is final and binding upon the parties and upon every employee affected by it.
21.06 The arbitrator shall determine the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heard.
21.07 The arbitrator shall have authority to determine whether any matter is arbitrable.
21.08 The arbitrator shall not change, modify or alter any of the terms of this Agreement.
21.09 If the arbitrator, by his award, determines that an employee has been discharged or otherwise disciplined by an employer for cause, and if the collective agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator may substitute any penalty for the discharge or discipline that, to the arbitrator, seems just and reasonable in all the circumstances.
21.10 The parties shall bear equally the fees and expenses of the arbitrator.
21.11 The purpose of the grievance procedure provisions is to ensure that any grievance is processed in an expeditious manner. Therefore, compliance with the time limits is mandatory. If a grieving party does not advance the grievance within the time limits specified, the grievance will be deemed to be abandoned and inarbitrable unless the parties agreed in writing to waive any time limit. If the respondent fails to comply with the provisions of the grievance procedure, the grievance is processed to the next step, unless the parties agree otherwise.
21.12 By mutual written agreement between the parties, the time limits for each stage of the grievance/arbitration procedure may be extended.
21.13 As an alternative to the formal arbitration process set out above, by mutual agreement of the parties a grievance may be referred to someone who will hear the grievance and at the conclusion of the hearing, give a written order without reasons. These decisions may not be used to alter, modify or amend any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. The employee should notify written order will be final and binding upon both parties and no further action may be taken on that grievance by any means. Any costs incurred in this procedure shall be shared equally by the supervisor/manager as soon as possible so that the parties can attempt to informally resolve the matterparties.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE ARBITRATION. The City A grievance shall be defined as any controversy or dispute arising between the parties to this Agreement. Having a desire to create and the Municipal Workers strive to promote ethical, positive and cohesive labor/management relations and to maintain a professional interaction among all members of management, Union officials and employees. Thereforelabor harmony between them, the parties are highly encouraged hereto agree that they will promptly attempt to resolve adjust all complaints, disputes, controversies, or other grievances through discussions as defined hereinarising between them involving questions of interpretation or application of the terms and provision of this Agreement or any other controversy or dispute having occasion to arise between the parties. A grievance is an allegation by an employee(s)from a group of members must have arisen out of identical factual or substantially similar circumstances affecting each member of said group to constitute a group grievance. Thus, should differences or the Union that the terms disputes of the Agreement any kind arise between the Union parties to this Agreement or between the employees covered herein and the City have been violated or misrepresented. Grievances must site Board, the specific article(s) and sections that the City has allegedly violated in the agreement. The written grievance must also include the remedy sought to correct the alleged grievance. The grievance process is not to be used for matters unrelated aggrieved party to this Collective Bargaining Agreement (e.g. FMLAor employee or employees, ADAas the case may be, etc.). Departments and Agencies have authority to resolve grievances at the appropriate steps if such resolution does not conflict with this Collective Bargaining Agreement, Human Resources Policies and Procedures, Administrative Regulations, or other City Policies. A failure of probation, consultations, and oral reprimands are not appealable through the Grievance Procedure. The City and the Union agree that, unless otherwise stated within this Agreement, grievances filed over a disciplinary action greater than a written reprimand shall be initiated at step 2 of the grievance procedure. When a grievance arises, use the following procedure as the sole means of settling said differences, dispute or controversy in the following manner: Unless otherwise agreed upon, “days” as used in this Agreement shall be followed:mean calendar days.
Step 1. : If there is an employee(semployee (or employees) who believes they have been aggrieved, he/she shall first attempt to settle the grievance with the President appropriate supervisor.
Step 2: Failing to settle the grievance in accordance with Step 1, the grievant shall then reduce such grievance to writing and submit it to his/her supervisor with a copy to the union ▇▇▇▇▇▇▇ who, along with the aggrieved employee and supervisor, shall attempt to settle the grievance. If such grievance is not lodged within ten (10) days after the occurrence of the act or Vice Presidentcondition which is the basis of said grievance, said grievance shall be waived. The written grievance shall be on the appropriate form and shall contain a statement of the facts upon which the grievance is based and a reference to the provision of the contract allegedly violated, misinterpreted or a misapplied. The supervisor shall take action on the written grievance and reduce it in writing with copies sent to the grievant, the union ▇▇▇▇▇▇▇ and Superintendent within ten (10) days after the hearing date.
Step 3: If the grievance is not settled after submission to the ▇▇▇▇▇▇▇ and supervisor as set out in Step 2, the ▇▇▇▇▇▇▇ shall first notify their immediate supervisor/manager refer the grievance to the Business Representative of a potential grievance the Union and to the Superintendent within ten (10) working days after receipt of the date the employee becomes aware written response of the incident precipitating the supervisor’s action on said grievance. The employee should notify Failure to file such an appeal within ten (10) days from receipt of the written response of the supervisor/manager as soon as possible so that ’s action on said grievance shall be deemed a waiver of the parties can attempt to informally resolve right of appeal and the mattergrievance shall be void. Upon request, a hearing shall be conducted by the Superintendent or the Superintendent’s designee within ten (10) days after receipt of a mutually agreeable date.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE ARBITRATION. The City and the Municipal Workers strive to promote ethical, positive and cohesive labor/management relations and to maintain a professional interaction among all members of management, Union officials and employees. Therefore, the parties are highly encouraged to resolve grievances through discussions as defined herein. A. A grievance is an allegation must be filed in writing by an employee(s), either the Employer or the Union that the terms within thirty (30) days of the Agreement between date of the Union and occurrence of the City have been violated or misrepresentedgrievance.
(1) Grievances are to be submitted to a grievance committee before submission to the WERC. Grievances must site If the specific article(s) and sections that grievance committee cannot resolve the City has allegedly violated in grievance, the agreementgrievance will then be submitted to the WERC per section (2). The written Employer and Union shall each have three (3) representatives on the grievance must also include committee which shall meet within thirty (30) days of the remedy sought to correct the alleged grievance. The grievance process is not to be used for matters unrelated to this Collective Bargaining Agreement (e.g. FMLA, ADA, etc.). Departments and Agencies have authority to resolve grievances at the appropriate steps if such resolution does not conflict with this Collective Bargaining Agreement, Human Resources Policies and Procedures, Administrative Regulations, or other City Policies. A failure of probation, consultations, and oral reprimands are not appealable through the Grievance Procedure. The City and the Union agree that, unless otherwise stated within this Agreement, grievances filed over a disciplinary action greater than a written reprimand Business Manager shall be initiated at step 2 part of the grievance procedure. When committee and shall appoint the other two union committee members, which shall not include a member of the local union filing the grievance.
(2) If no resolution is reached at the grievance arisescommittee, the following procedure all grievances, disputes for complaints of violations of any provisions of this agreement shall be followed:
Step 1submitted to final and binding arbitration by an arbitrator appointed by the WISCONSIN EMPLOYMENT RELATIONS COMMISSION. If there is an employee(s) who believes they Notice of the grievance dispute shall be given to the Employer or as applicable to the Local Union involved, at least two days before serving of the demand of the arbitration in order to permit efforts to adjust the matter without litigation. The arbitrator shall be a member or staff member of the Wisconsin Employment Relations Commission. The arbitrator shall have been aggrieved, he/she with sole and exclusive jurisdiction to determine the President or Vice President, or a ▇▇▇▇▇▇▇ shall first notify their immediate supervisor/manager arbitrability of such dispute as well as the merits thereof. Written notice by certified return receipt of a potential grievance demand for arbitration shall be given to the Contractor and Employer or as applicable to the Local Union involved. The Contractor and Employer as the case may be, shall agree in writing within seven (7) days to arbitrate the dispute.
(3) Both parties shall cooperate to have the case heard by an arbitrator within seven (7) calendar days of the written agreement to arbitrate, provided an arbitrator is available. The arbitrator shall have the authority to give a bench decision at the close of the hearing, unless he shall deem the issues to be unusually complex and thereafter he shall reduce the award to writing. Grievances over discharge or suspension shall be filed not later than ten (10) working calendar days after the matter is brought to the attention of the date the employee becomes aware Business Representative of the incident precipitating Union.
C. In the grievance. The employee should notify event the supervisor/manager as soon as possible so that arbitrator finds a violation of the parties can attempt agreement he shall have the authority to informally resolve award back pay to the mattergrievant in addition to whatever other or further remedy may be appropriate.
D. In the event a Contractor or the Union does not agree to arbitrate the dispute within seven (7) days or does not cooperate to have the case heard within seven (7) days after the written agreement to arbitrate or does not comply with the award of the arbitrator, the other party shall have the right to use legal and economic recourse.
E. All expenses of the arbitration except attorney’s fees shall be shared equally by the Union and Contractor involved.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE ARBITRATION. The City and 4.1 In the Municipal Workers strive to promote ethical, positive and cohesive labor/management relations and to maintain case of any dispute (not arising out of the demand by either party for a professional interaction among all members modification of management, Union officials and employees. Therefore, any of the parties are highly encouraged to resolve grievances through discussions as defined herein. A grievance is an allegation by an employee(s)terms of this Agreement, or the Union that the making of terms of a new agreement upon the Agreement expiration of this Agreement) between the Union and the City have been violated Employer, or misrepresented. Grievances must site between any employee and the specific article(s) and sections that Employer, the City has allegedly violated same shall, in the agreementfirst instance, be taken up for adjustment between the duly designated officer or agent of the Union and the Employer.
4.2 Should the Employer and Union representatives be unable to reach an agreement within five (5) days following the last meeting and/or discussion between the parties, the matter shall be referred to a Grievance Committee. The written grievance must also include the remedy sought to correct the alleged grievance. The grievance process is not to be used for matters unrelated to this Collective Bargaining Agreement Committee (e.g. FMLA, ADA, etc.). Departments and Agencies have authority to resolve grievances at the appropriate steps if such resolution does not conflict with this Collective Bargaining Agreement, Human Resources Policies and Procedures, Administrative Regulations, or other City Policies. A failure comprised of probation, consultations, and oral reprimands are not appealable through the Grievance Procedure. The City and the Union agree that, unless otherwise stated within this Agreement, grievances filed over a disciplinary action greater than a written reprimand shall be initiated at step 2 of the grievance procedure. When a grievance arises, representatives from the following procedure shall be followed:
Step 1. If there is an employee(s) who believes they have been aggrievedEmployers: ABM Janitorial Services, he/she with the President or Vice PresidentBravo Building Service, or a CSI International, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Company, GDI Services, and Elite Building Services) shall first notify their immediate supervisor/manager consist of two representatives designated by an association of Employers signatory to this Agreement (or such other group of employers deemed acceptable by the Employer), and two representatives designated by the Union as arbitrators. The Grievance Committee shall set a potential meeting date to resolve the grievance, which date shall not be later than twenty-one (21) calendar days following the notice to the Grievance Committee. Failure of either party to meet within said twenty-one (21) calendar days to resolve said grievance within ten (10) working days shall result in the grievance being decided in favor of the date the employee becomes aware of the incident precipitating the grievance. The employee should notify the supervisor/manager as soon as possible so other party; provided, however, that the parties can attempt may, by mutual agreement, extend the times set forth in this agreement. The decision by a majority of the Grievance Committee at this step of the grievance procedure shall be final and binding on the parties involved, and shall be regarded as an arbitrator's decision. Should the Grievance Committee fail to informally resolve reach an award by majority decision within a week from the mattersubmission thereof, then the matter shall thereafter, upon written demand of either party, be submitted for arbitration to an arbitrator designated by the American Arbitration Association in accordance with its then prevailing rules.
4.3 The Employer agrees that, in the event the Union initially declines to pursue a grievance to arbitration concerning the suspension or discharge of an employee, the time strictures for filing for arbitration shall be tolled pending the employee exhausting his or her appeal rights pursuant to the Union’s Constitution and By-Laws, provided the following requirements are satisfied: (i) prior to the time for submitting the matter to arbitration as set forth above, the Union sends a written notice to the employee advising him/her of the right to appeal the Union’s decision not to advance the grievance to arbitration, and the Union provides the Employer with a copy of that Appeal Notice; and (ii) the Union files for arbitration within the earlier of 120 days following the date of the Appeal Notice or 10 days following the Union’s decision to grant the employee’s appeal and pursue the grievance to arbitration.
4.4 If there is no Employer association (or group of employers) and the Grievance Committee has not been constituted, then the matter shall thereafter, absent agreement by the parties, upon written demand of either party, be submitted for arbitration to an arbitrator designated by the American Arbitration Association in accordance with its then prevailing Labor rules.
4.5 A decision of the arbitrator shall be final and binding upon the parties. It is agreed that the cost of such arbitrator shall be borne equally by the parties. It is agreed that a grievance may be heard by any three of the four members of the Grievance Committee, and an award entered unanimously by such three members of the Grievance Committee shall be valid and enforceable, final and binding. The arbitrators appointed or chosen hereunder to whom any grievance or dispute shall be submitted shall not have jurisdiction or authority to change or add to any provision of this Agreement.
Appears in 2 contracts
Sources: Contractor Agreement, Contractors Agreement
GRIEVANCE ARBITRATION. The City By selecting the grievance process alternative, I acknowledge my understanding that the Fire Chief has the right to unilaterally impose the proposed discipline immediately, subject to possible later modification or reversal by an arbitrator. Unless a settlement is reached, an arbitrator will determine whether the discipline was imposed with just cause, and whether the discipline was excessive. By election to file a grievance over my discipline I hereby release the City, the Board of Fire and Police Commissioners and the Municipal Workers strive Union, as well as their officers, directors, agents, employees, attorneys, and other representatives from any and all liability which flows as a consequence of my election. I hereby elect the grievance arbitration procedure and waive my rights to promote ethicala hearing before the Board of Fire and Police Commissioners. I understand that I have three (3) calendar days from my receipt of this notice to request authorization to arbitrate this matter from the Union, positive and cohesive labor/management relations and to maintain a professional interaction among all members of management, Union officials and employees. Therefore, the parties are highly encouraged to resolve grievances through discussions as defined herein. A grievance is an allegation by an employee(s), or that the Union has seven (7) additional days to submit this document as a request to arbitrate to the City Administrator or his designee. This document will be considered my grievance. In the event that the terms of the Agreement between the Union and the City have been violated declines to arbitrate this matter or misrepresented. Grievances must site the specific article(s) and sections that the City has allegedly violated in the agreement. The written grievance must also include the remedy sought to correct the alleged grievance. The grievance process is not to be used for matters unrelated to this Collective Bargaining Agreement (e.g. FMLA, ADA, etc.). Departments and Agencies have authority to resolve grievances at the appropriate steps if such resolution does not conflict with return this Collective Bargaining Agreement, Human Resources Policies and Procedures, Administrative Regulations, or other City Policies. A failure of probation, consultations, and oral reprimands are not appealable through the Grievance Procedure. The City and the Union agree that, unless otherwise stated within this Agreement, grievances filed over a disciplinary action greater than a written reprimand shall be initiated at step 2 of the grievance procedure. When a grievance arises, the following procedure shall be followed:
Step 1. If there is an employee(s) who believes they have been aggrieved, he/she with the President or Vice President, or a ▇▇▇▇▇▇▇ shall first notify their immediate supervisor/manager of a potential grievance document within ten (10) working calendar days from the notice of the date Decision to Discipline, the employee becomes aware discipline will be subject to the jurisdiction of the incident precipitating Board of Fire and Police Commissioners. Employee: Date: This disciplinary charge is hereby approved for arbitration by the grievanceBatavia Full-Time Fire Fighters Association, Local 3436, International Association of Fire Fighters. The employee should notify This document serves as written notice advancing this matter for arbitration in accordance with the supervisor/manager as soon as possible so that the parties can attempt to informally resolve the matter.Collective Bargaining Agreement: Union: Date:
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE ARBITRATION. The City and the Municipal Workers strive to promote ethical, positive and cohesive labor/management relations and to maintain a professional interaction among all members of management, Union officials and employees4.1. Therefore, the parties are highly encouraged to resolve grievances through discussions as defined herein. A grievance is an allegation by an employee(s), or the Union that the terms of the Agreement Should differences arise between the Union and the City have been violated Employer as to the meaning and application of any term or misrepresented. Grievances must site the specific article(s) and sections that the City has allegedly violated in the agreement. The written grievance must also include the remedy sought to correct the alleged grievance. The grievance process is not to be used for matters unrelated to this Collective Bargaining Agreement (e.g. FMLA, ADA, etc.). Departments and Agencies have authority to resolve grievances at the appropriate steps if such resolution does not conflict with this Collective Bargaining Agreement, Human Resources Policies and Procedures, Administrative Regulations, or other City Policies. A failure provision of probation, consultations, and oral reprimands are not appealable through the Grievance Procedure. The City and the Union agree that, unless otherwise stated within this Agreement, grievances filed over a disciplinary action greater than a written reprimand shall be initiated at step 2 of the grievance procedure. When a grievance arises, the following procedure shall be followed:
Step 1. If there is an employee(s) who believes they have been aggrieved, he/she with the President or Vice President, or a ▇▇▇▇▇▇▇ effort shall first notify their immediate be made to settle such differences as promptly as possible by the utilization of the grievance procedure. Prior to initiating the grievance procedure, the duly designated offer or agent of the Union may meet with a duly designated agent of the Employer in order to attempt to resolve the matter. Should this effort be unsuccessful, a grievance must be processed in accordance with the procedures set forth below, or it will not be considered. All suspensions and discharges will commence at Step 2 of the grievance procedure.
Step 1: Regardless of whether a meeting is convened between the Union and the Employer representatives as permitted above, there shall be a discussion between the supervisor/manager , the aggrieved employee(s), and the Union ▇▇▇▇▇▇▇ within thirty (30) calendar days of the occurrence of the incident giving rise to the grievance. Should the matter not be resolved in this meeting, a grievance shall be filed no later than thirty (30) calendar days after the Employer’s decision in this initial meeting.
Step 2: The Union shall request a Step 2 meeting in writing by submitting a grievance stating the grievant’s name, the building, and the Contract provisions violated. The Employer Representatives shall meet with the Union Grievance Representative within ten (10) calendar days of the receipt of a potential written grievance in an attempt to resolve the matter.
Step 3: If no satisfactory settlement or solution is reached within twenty (20) calendar days after the matter is discussed between the Employer representative involved and the Union at Step 2, then the Union shall submit to the Employer and BOLR the grievance as memorialized on the Union’s standard grievance form, and a grievance submission form detailing the grievant’s name, the name of the Employer, the particular building where the grievance arose, and in non-disciplinary cases, the provision of the Agreement that the Union believes has been violated. The grievance shall then be referred to a Grievance Committee which shall consist of two (2) representatives designated by BOLR Suburban Section (“BOLR/Suburban”) and two (2) representatives designated by the Union. A grievance shall not be scheduled for a Grievance Committee meeting if the grievance form is incomplete. The Union shall have ten (10) working days after receiving notice from BOLR of an incomplete grievance form within which to properly complete a revised form and forward it to BOLR. If a properly completed revised grievance form is not filed by the Union within this additional ten (10) day period, the grievance will be deemed to be untimely filed at the Second Step. The Grievance Committee shall be composed of Union staff members, advocates, or officers, and BOLR/Suburban Board members or officers, or those who are in line to become BOLR/Suburban Board members or officers. The Grievance Committee shall meet no later than ten (10) working days after receipt of the date written grievance and shall reach a decision no later than ten (10) working days after hearing the case. A decision by a majority of the Grievance Committee at this step of the Grievance Procedure shall be final and binding on the parties involved, and shall be regarded as an Arbitrator’s decision. The Grievance Committee Procedures shall be as agreed from time to time by the parties, and the Grievance Committee shall meet on a monthly basis, as needed. Step 4: Any grievance or dispute as above which cannot be adjusted by the representatives of the parties as aforesaid, may be submitted to an impartial Arbitrator for decision; provided, however, that such Arbitrator shall not have the power to alter this Agreement, or any of its terms, in any way. The submission to the impartial Arbitrator in such an event shall be no later than thirty (30) working days after the failure to reach a decision in Step 2. BOLR must be notified of such submission and shall notify the Employer involved, reserving the right to appear as well through its own counsel. If the Union desires to have an unresolved dispute arbitrated as herein provided for, it shall notify the Employer of its desire to so arbitrate within thirty (30) working days after receipt of the answer in Step 3. An impartial Arbitrator shall be designated from a permanent panel of seven (7) arbitrators agreed to by the parties. The arbitrators will be assigned in rotating order. Each party will have the right to strike two (2) arbitrators from the panel each year. The parties will agree upon replacements for the vacant arbitrator positions.
4.2. The Joint BOLR/Suburban-Local 32BJ Grievance Committee shall be available to non-members of BOLR who adopt the BOLR/Suburban-Local 32BJ Collective Bargaining Agreement. Such non-members will be assessed a fee of $1,000, payable to BOLR, for each grievance brought before the Committee in which they are involved.
4.3. The Arbitrator’s decision shall be submitted in writing and shall be final and binding upon the parties. In case of a discharge, the Arbitrator shall have the power to sustain the discharge or to order reinstatement of the employee, with or without pay for days lost. The fee of the Arbitrator shall be borne equally by both parties.
4.4. No grievance shall be accepted or processed in this procedure later than thirty (30) calendar days after its occurrence, except for a grievance of which the Union was unaware alleging either incorrect payment of wages, fringe benefits, or failure to abide by the Union security provisions hereof; in such wage, fringe benefits or Union security cases, the grievance must be presented no later than thirty (30) calendar days after the Union has knowledge of same or should have had knowledge of same. Grievances relevant to wages or fringe benefits subject to this extended period for submission shall not include any claim that requires evidence beyond the Employer’s records. In no event shall back pay or other financial award be granted against an Employer for any violation of the wage, fringe benefits or Union security provisions of this Agreement that was committed by another employer. Any grievance not appealed to the next higher step of the Grievance Procedure or to arbitration within the time limits specified shall be deemed to have been settled on the basis of the Employer’s last answer. Failure of either party to meet the time limits of this Article shall automatically cause the grievance to be decided in favor of the other party. The Employer agrees that, in the event the Union initially declines to pursue a grievance to arbitration concerning the suspension or discharge of an employee, the time strictures for filing for arbitration shall be tolled pending the employee becomes aware exhausting his or her appeal rights pursuant to the Union’s Constitution and By-Laws, provided the following requirements are satisfied: (i) prior to the time for submitting the matter to arbitration as set forth above, the Union sends a written notice to the employee advising him/her of the incident precipitating right to appeal the grievance. The employee should notify Union’s decision not to advance the supervisor/manager as soon as possible so grievance to arbitration, and the Union provides the Employer with a copy of that Appeal Notice; and (ii) the parties can attempt to informally resolve Union files for arbitration within the matter.earlier of one hundred twenty (120) calendar days following the date of the Appeal Notice or ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. The City Within ten (10) working days from the receipt of the written decision resulting from a grievance heard by the Human Resources Director, or his/her designated representative as provided in Section 31, Grievance Procedure, of this agreement, MCRNA, and only MCRNA, may request that the Municipal Workers strive to promote ethicalgrievance, positive and cohesive labor/management relations and to maintain a professional interaction among all members of management, Union officials and employees. Therefore, the parties are highly encouraged to resolve grievances through discussions as defined hereinbelow, be submitted to arbitration as provided hereinafter. Only those unresolved grievances filed and processed in accordance with the Grievance Procedure of this agreement, and which directly concern or involve the interpretation and application of the specific terms and provisions of this agreement, may be submitted to arbitration. Notwithstanding any other provisions of this agreement the following matters are expressly excluded from the arbitration: All matters relating to Equal Opportunity, Occupational Health and Safety or Workers' Compensation; "Interest" matters or matters within the scope of representation; Any matter for which a different appeals procedure is provided either by statutes, ordinances, resolutions or agreements; Grievances filed under the Limited Grievance Procedure Applications section of the Grievance Procedure of this agreement. See Section 4, Nondiscrimination regarding discrimination grievances. A grievance is an allegation request by an employee(s), or the Union that the terms of the Agreement between the Union and the City have been violated or misrepresented. Grievances must site the specific article(s) and sections that the City has allegedly violated in the agreement. The written grievance must also include the remedy sought to correct the alleged grievance. The grievance process is not to be used for matters unrelated to this Collective Bargaining Agreement (e.g. FMLA, ADA, etc.). Departments and Agencies have authority to resolve grievances at the appropriate steps if such resolution does not conflict with this Collective Bargaining Agreement, Human Resources Policies and Procedures, Administrative Regulations, or other City Policies. A failure of probation, consultations, and oral reprimands are not appealable through the Grievance Procedure. The City and the Union agree that, unless otherwise stated within this Agreement, grievances filed over a disciplinary action greater than a written reprimand shall be initiated at step 2 of the grievance procedure. When a grievance arises, the following procedure shall be followed:
Step 1. If there is an employee(s) who believes they have been aggrieved, he/she with the President or Vice President, or a ▇▇▇▇▇▇▇ shall first notify their immediate supervisor/manager for arbitration of a potential grievance must be received by the Human Resources Director or his/her designee within ten (10) working days of the date the employee becomes aware receipt by MCRNA of the incident precipitating written grievance procedure fourth step decision. Failure to request arbitration within the grievanceabove time limits shall constitute an automatic forfeiture and an irrevocable waiver of the right to process the grievance appeal to arbitration. The employee should notify notice shall set forth the supervisor/manager as soon as possible so specific issue or issues still unresolved through the grievance procedure which is being submitted to arbitration. The parties shall select a mutually acceptable arbitrator. The fees and expenses of the arbitrator shall be shared equally by the parties, it being understood and agreed that all other expenses including, but not limited to, fees for witnesses, transcripts and similar costs incurred by the parties can attempt to informally resolve during such arbitration, will be the matterresponsibility of the individual party involved. The decision of an arbitrator shall be final and binding upon the parties but shall not add to, subtract from, nor otherwise modify the terms and conditions of this agreement.
Appears in 1 contract
Sources: Memorandum of Understanding
GRIEVANCE ARBITRATION. The City and All questions, controversies, differences, disputes, complaints or other grievances that may arise between the Municipal Workers strive parties hereto, shall be subjected to promote ethicalthe grievance procedure and, positive and cohesive labor/management relations and to maintain a professional interaction among all members of management, Union officials and employees. Thereforeif necessary, the parties arbitration procedure set forth below. Grievances shall be presented by either party within seven (7) working days after the party submitting the grievances became aware of the incident giving rise to the grievances, except that grievances concerning rate of pay, holiday allowance, vacation pay and seniority must be presented within thirty (30) working days after the party became aware of the incident. If the grievance or complaints are highly encouraged to resolve grievances through discussions as defined hereinnot presented within these time limits, they shall not be considered or discussed. A In the event of any grievance is an allegation by an employee(s)over a discharge, or the Union that shall notify the terms Employer of these grievances within fourteen (14) working days after the Agreement discharge or its right to arbitration shall be forfeited.
Sept 1 — By conference between the Union and the City have been violated or misrepresented. Grievances must site the specific article(s) and sections that the City has allegedly violated in the agreement. The written grievance must also include the remedy sought to correct the alleged grievance. The grievance process is not to be used for matters unrelated to this Collective Bargaining Agreement (e.g. FMLA, ADA, etc.). Departments and Agencies have authority to resolve grievances at the appropriate steps if such resolution does not conflict with this Collective Bargaining Agreement, Human Resources Policies and Procedures, Administrative Regulations, or other City Policies. A failure of probation, consultations, and oral reprimands are not appealable through the Grievance Procedure. The City and the Union agree that, unless otherwise stated within this Agreement, grievances filed over a disciplinary action greater than a written reprimand shall be initiated at step 2 of the grievance procedure. When a grievance arises, the following procedure shall be followed:
Step 1. If there is an employee(s) who believes they have been aggrieved, he/she with the President or Vice President, or a aggrieved employee ac companied by ▇▇▇▇▇▇▇ shall and/or the Business Agent, and the Store Manager.
Sept 2 — In the case of failure to arrive at a decision in the first notify their immediate supervisor/manager of a potential grievance step within ten seven (107) working days of presenta tion, the date Business Agent shall outline the complaint in discussion with the District Manager in an attempt to settle the grievance.
Step 3 — In the case of failure to arrive at a decision in the se cond step within seven (7) working days of presenta tion to District Manager, the Business Agent shall outline the complaint in writing to the Personnel Director for a decision. In the event the negotiations between the Union and the Company officials fail to satisfactorily settle the complaint in any step, either the Union or the Employer may cause the grievance to be submitted to arbitration by giving written notice of its desire to the other party within fourteen (14) working days, or it shall forfeit its right to arbitration. The parties agree that issues may arise of a general nature regarding the interpretation or application of this Agreement, or affecting or tending to affect more than one (1) employee becomes aware of in the incident precipitating bargaining unit, and that such issue need not be subjected to the en tire grievance procedure, but may be initiated at any step deemed appropriate by the party bringing the grievance. The party submitting the grievance to arbitration shall select the appropriate State Board of Mediation and Arbitration or the American Arbitration Association. The decision of said Board or Arbitrator shall be binding on all parties. In the event the services of the American Arbitration Association are used, the names of five (5) Ar bitrators shall be submitted and the Union and the Company shall alternately strike a name from the list and the remaining name shall be the Arbitrator. Grievance referred to Arbitration shall be reduced to writing at the time Arbitration is requested. The Board of Mediation and Arbitration or the Ar bitrator shall not add or subtract from the terms of this agreement or any subsequent supplements thereof. At any step in this grievance procedure the Executive Board of this Local Union shall have the final authority, in respect to any aggrieved employee should notify covered by this Agreement, to decline to process a grievance, complaint, difficulty or dispute further if in the supervisor/manager as soon as possible so judgment of the Executive Board such grievance or dispute lacks merit, or lacks justifica tion under the terms of this Agreement, or has been adjusted or justified under the terms of this Agree ment to the satisfaction of the Union Executive Board. It is understood and agreed that all employees within the parties can attempt to informally resolve bargaining unit covered by this Agreement must exercise all their rights, privileges or necessary pro cedures under this Agreement, the matterInternational and Local Union Constitution, in the settlement of any and all complaints or grievances filed by such employees before taking any action outside of the scope of this Agreement for the settlement of such grievances.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. The City and SECTION 1. Disputes resulting from the Municipal Workers strive to promote ethical, positive and cohesive labor/management relations and to maintain a professional interaction among all members of management, Union officials and employees. Therefore, the parties are highly encouraged to resolve grievances through discussions as defined herein. A grievance is an allegation by an employee(s), or the Union that the terms interpretation of the Agreement between or its application shall be settled in the foregoing manner; provided, however, that no grievance shall be honored unless the same is presented no sooner than one (1) working day and no later than ten (10) working days after the cause for grievance arises. Each grievance shall be signed by a Union representative and by the aggrieved employee or employees. All grievances shall be submitted on a form developed by the Union and the City have been violated or misrepresentedDepartment (attached hereto). Grievances must site shall be processed as follows:
(a) The written and signed statement of grievance shall be presented to the specific article(s) and sections that designated head of the City has allegedly violated in Department to which the agreementaggrieved employee is normally assigned.
SECTION 2. The written designated head of the Line Department or the designated head of the Power Plant to which the grievance must also include is presented shall respond in writing and shall have five (5) working days in which to discuss and resolve the remedy sought to correct grievance with the alleged grievancerepresentative of the Union.
SECTION 3. The If the grievance process is not to be used for matters unrelated to this Collective Bargaining Agreement (e.g. FMLAresolved in accordance with Section 2 immediately above, ADA, etc.). Departments and Agencies have authority to resolve grievances at the appropriate steps if such resolution does not conflict with this Collective Bargaining Agreement, Human Resources Policies and Procedures, Administrative Regulations, or other City Policies. A failure of probation, consultations, and oral reprimands are not appealable through the Grievance Procedure. The City and the Union agree that, unless otherwise stated within this Agreement, grievances filed over a disciplinary action greater than a written reprimand grievance shall be initiated at step 2 of the grievance procedure. When a grievance arises, the following procedure shall be followed:
Step 1. If there is an employee(s) who believes they have been aggrieved, he/she with the President or Vice President, or a ▇▇▇▇▇▇▇ shall first notify their immediate supervisor/manager of a potential grievance referred in writing within ten (10) working days of the date designated Section head’s response, to the employee becomes aware Manager of the incident precipitating Department by the Representative of the Union, and the Manager shall have ten (10) working days in which to make his decision with respect to the grievance. The employee should notify the supervisor/manager as soon as possible so that Any agreement between the parties to waive the time period for the filing of a grievance or responding to a grievance shall be memorialized in writing by the party requesting the extension of time with a place for the requesting and granting parties to sign.
SECTION 4. Any grievance not adjusted between the Manager and the Union as provided in SECTION 3 shall upon written request of either party within thirty (30) days after denial of a grievance be referred for determination to an Arbitrator selected by agreement of the parties. In the event the parties are unable to select an Arbitrator who is mutually acceptable within twenty (20) days after the written notice to arbitrate has been given, the Arbitrator shall be designated by the American Arbitration Association at the request of either party.
SECTION 5. Each party to the Agreement shall bear the expenses of preparing and presenting its own case. The fee and expenses of the Arbitrator, together with any incidental expenses mutually agreed upon in advance, shall be borne equally by the parties hereto.
SECTION 6. The arbitrator's decision shall be final and binding upon the Department, the Union, and its members, except that either party may petition a court of competent jurisdiction for review of errors in law.
SECTION 7. The Arbitrator shall not have the power to amend or add to this Agreement.
SECTION 8. All times defined in this article can attempt to informally resolve the matterbe extended by mutual agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. The City and the Municipal Workers Teamsters strive to promote ethical, positive and cohesive labor/management relations and to maintain that as a mainstay of its institutional culture. Civil and professional interaction interactions among all members of management, Union officials and employeesemployees are essential to support the efficient delivery of municipal services. Therefore, the parties are highly encouraged to resolve grievances through discussions any grievances as defined herein. A grievance is an allegation by an employee(s), shall be defined as a dispute involving questions of interpretation or application of the Union that the specific terms of this Agreement. Having a desire to create and maintain labor harmony between them, the Agreement parties hereto agree that they will promptly attempt to resolve all grievances arising between them. Failure of probation shall not be subject to the grievance/arbitration procedure. Oral reprimands shall not be subject to the grievance/arbitration procedure. Writtenreprimands are not subject to the arbitration process. Disciplinary penalties resulting in suspensions of 24 hours or less (or equivalent penalties) shall be subject to the grievance and arbitration process. Disciplinary penalties resulting in suspensions greater than 24 hours (or equivalent penalties) may be appealed through the grievance/arbitration process or at the employee’s option, through the Civil Service Commission, but not both. Should grievances arise between the Union parties to this Agreement or between the employees covered herein and the City have been violated City, the aggrieved party to this Agreement or misrepresented. Grievances employee or employees, as the case may be, shall use the following procedure as the sole means of resolving said grievances in the following manner: The grievance must site cite the specific article(s) Article and sections that the City has Section allegedly violated in the agreementAgreement. The written grievance must also include the remedy sought to correct the alleged grievance. The grievance process is not to be used for matters unrelated to this Collective Bargaining Agreement (e.g. FMLA, ADA, etc.). Departments and Agencies have authority to resolve grievances at the appropriate steps if such resolution does not conflict with this Collective Bargaining Agreement, Human Resources Policies and Procedures, Administrative Regulations, or other City Policies. A failure of probation, consultations, and oral reprimands are not appealable through the Grievance Procedure. The City and the Union agree that, unless otherwise stated within this Agreement, grievances filed over a disciplinary action greater than a written reprimand shall be initiated at step 2 of the grievance procedure. When a grievance arises, the following procedure shall be followed:
Step 1. If there is an employee(s) who believes they have been aggrieved, he/she with the President or Vice President, or a ▇▇▇▇▇▇▇ shall first notify their immediate supervisor/manager of a potential grievance within ten (10) working days of the date the employee becomes aware of the incident precipitating the grievance. The employee should notify the supervisor/manager as soon as possible so that the parties can attempt to informally resolve the matter.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. The City 18.01 Any complaint alleging a violation of specific provisions of this Agreement will be resolved in accordance with this Article. Such a complaint, defined as a "grievance," must be presented in accordance with the Step 1 procedure set out at Article 18 19.05 within 14 calendar days of the occurrence ("occurrence" is defined as the time when the alleged violation first became known to the nurse or the Association) that gave rise to the grievance and must be processed in accordance with the following steps, time limits, and conditions herein set forth. If the Hospital fails to give written response to the grievance within the time limit specified, the grievance may be immediately processed to the next step. If the Association or nurse fails to process a grievance in a timely manner or fails to observe the time limits or procedural requirements so specified herein, the grievance will be deemed to have been dropped by the Association or nurse and may not be resubmitted. Any deadline may be extended by express written agreement of both the Hospital and the Municipal Workers strive Association. If anyone other than the personnel expressly identified below will attend any grievance meeting, this information must be communicated to promote ethical, positive and cohesive labor/management relations and to maintain the other party at least three working days before the meeting. During a professional interaction among all members of management, Union officials and employees. Thereforenurse’s probationary period, the parties are highly encouraged nurse may present grievances under this Article to resolve grievances through discussions the same extent as defined herein. A grievance is an allegation by an employee(s)a nurse, or the Union except that the terms question of a probationary nurse’s continued employment shall be determined exclusively by the Agreement between the Union Hospital and the City have been violated or misrepresented. Grievances must site the specific article(s) and sections that the City has allegedly violated shall not be subject to this Article.
18.02 The settlement of a grievance in the agreement. The written grievance must also include the remedy sought to correct the alleged grievance. The grievance process any case is not to be used made retroactive for matters unrelated a period exceeding 30 days prior to the date the grievance was first presented in writing.
18.03 Grievances may be processed during working time or nonworking time except that employees will not be paid for processing grievances during their working time.
18.04 These procedures can be extended by the mutual agreement of the parties.
18.05 Step 1 -- Within the first 14 calendar days after the occurrence, the nurse shall first take up the grievance in writing and clearly marked as a grievance with the nurse's immediate supervisor or, if the immediate supervisor is unavailable during the allotted time, with the nurse's next higher supervisor. If the aggrieved nurse requests, a unit representative or fellow unit member will be given an opportunity to be present. The meeting is to be set at a time of mutual convenience to be fixed by the supervisor. If the grievance is not settled or dropped pursuant to the meeting, the supervisor shall, within 14 calendar days after the meeting ends, give a written answer to the grievant and mail a copy to the Association representative.
18.06 Step 2 -- If the grievance is not settled in Step 1, the nurse may appeal it by giving written notice of appeal within 14 calendar days of receipt of the supervisor's written answer to the Director of Nursing (unless the Director of Nursing is the supervisor, in which case the appeal shall be directed to the Associate Administrator/Patient Services), who shall discuss the matter with the nurse. The Director of Nursing or the Associate Administrator/Patient Services shall give a written answer within 14 calendar days after the close of the discussion and mail a copy to the Association representative. The Association may initiate a grievance at Step 2 if the grievance negatively affects five or more nurses.
18.07 Step 3 -- If the grievance is not settled in Step 2, the Association or grievant may appeal it by giving written notice of appeal to the Associate Administrator/Patient Services (unless the Association Administrator hear the appeal at step two, in which case the Association or grievant may appeal it to the Hospital Administrator) within 14 calendar days after receipt of the Associate Administrator/Patient Services' answer. The Associate Administrator/Patient Services or the Hospital Administrator shall discuss the matter with the Association representative. The Associate Administrator/Patient Services or the Hospital Administrator shall give a written answer within 14 calendar days after the close of the discussion.
18.08 Step 4 -- If the grievance is not settled in Step 3, it may be appealed to arbitration by a written notice given by the Association to the Hospital within 14 calendar days after receipt of the written answer by the Hospital representative at step 3.
18.09 If the dispute or grievance is not settled in the foregoing steps and it involves the interpretation, application, or claimed violation of any of the provisions of this Collective Bargaining Agreement, then either party may, upon written demand given to the other party within 14 calendar days after the Hospital's answer in the last step, submit the dispute or grievance to arbitration as follows:
A. The Hospital and the Association will attempt to select an arbitrator from a panel of arbitrators submitted by the Federal Mediation and Conciliation Service. If an arbitrator cannot be agreed upon, the parties will follow the American Arbitration Association's procedures for selecting one.
B. The arbitrator's authority shall be limited to making a decision in accordance with the terms of this Agreement (e.g. FMLA, ADA, etc.)only. Departments and Agencies The arbitrator shall not have authority to resolve grievances at the appropriate steps if such resolution does not conflict with this Collective Bargaining Agreementadd to, Human Resources Policies and Procedures, Administrative Regulationstake from, or modify any of the provisions of this Agreement.
C. The cost of the arbitration is to be borne by the losing party. Any other City Policies. A failure of probationexpenses such as wages, consultationsfees, and oral reprimands are not appealable through living and traveling expenses of representatives or witnesses must be paid by the Grievance Procedure. party incurring those expenses.
D. The City and arbitrator shall render his or her decision within 30 days after the Union agree thatgrievance is submitted to him or her, unless otherwise stated within this Agreement, grievances filed over a disciplinary action greater than a written reprimand the parties by mutual agreement extend that time limit.
E. The decision of the arbitrator shall be initiated at step 2 of the grievance procedure. When a grievance arises, the following procedure shall be followed:
Step 1. If there is an employee(s) who believes they have been aggrieved, he/she with the President or Vice President, or a ▇▇▇▇▇▇▇ shall first notify their immediate supervisor/manager of a potential grievance within ten (10) working days of the date the employee becomes aware of the incident precipitating the grievance. The employee should notify the supervisor/manager as soon as possible so that the parties can attempt to informally resolve the matterfinal and binding on all parties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. The City 21.01 Any difference between any teacher covered by this Agreement and the Municipal Workers strive Board or between the Association and the Board concerning the interpretation, application, operation or alleged violation of this Agreement, including any dispute as to promote ethicalwhether the difference is arbitrable, positive and cohesive labor/management relations and shall be dealt with as follows, without stoppage of work or refusal to maintain perform work.
21.02 Any grievance must be submitted within thirty (30) school days of the occurrence, incident, or circumstances giving rise to the grievance.
21.03 Where such a professional interaction among all members of management, Union officials and employees. Thereforedifference arises, the parties are highly encouraged hereby agree that everything possible will be done to resolve grievances through discussions as defined hereinsettle such a difference within twenty (20) school days of the grievance or alleged violation being filed in writing with the Board. A Any pertinent correspondence shall be made available at that time.
21.04 In the event the grievance is an allegation by an employee(s), or not settled within fifteen (15) school days after the Union that the terms date of submission of the grievance in accordance with Article 21.02, then on or before a further five (5) school days has elapsed the grievance shall be referred in writing by the grievor to the grievance committee. The grievance shall set out the nature of the grievance, the articles of this Agreement between the Union and the City that it is alleged have been violated or misrepresented. Grievances must site the specific article(s) and sections that the City has allegedly violated in the agreement. The written grievance must also include the remedy sought to correct the alleged grievancesought. The grievance process is not to committee shall be used for matters unrelated to this Collective Bargaining Agreement (e.g. FMLAmade up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as may be needed. For the Association: The President and/or Regional President The Executive Director The employee, ADA, etc.). Departments if applicable The grievance committee shall meet and Agencies have authority endeavour to resolve grievances at the appropriate steps if such resolution does not conflict with this Collective Bargaining Agreement, Human Resources Policies and Procedures, Administrative Regulations, or other City Policies. A failure of probation, consultations, and oral reprimands are not appealable through the Grievance Procedure. The City and the Union agree that, unless otherwise stated within this Agreement, grievances filed over a disciplinary action greater than a written reprimand shall be initiated at step 2 of the grievance procedure. When a grievance arises, the following procedure and shall be followed:
Step 1. If there is an employee(s) who believes they have been aggrieved, he/she with the President or Vice President, or a ▇▇▇▇▇▇▇ shall first notify their immediate supervisor/manager of a potential grievance render its decision within ten (10) working school days of the date meeting. If the employee becomes aware grievance committee reaches a unanimous decision as to the disposition of the incident precipitating grievance that decision shall be final and binding on all parties.
21.05 Where the parties fail to reach a satisfactory resolution to the grievance as referred to in Article 21.04; the grieving party may within ten (10) school days refer the matter to arbitration. The party advancing the grievance to arbitration shall notify the other in writing of its desire to submit the difference to arbitration. Such notice shall contain a statement of the difference and shall specify the person or persons the party giving the notice is willing to accept as a single arbitrator. If the party receiving the notice accepts the person or one of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days, and the difference shall thereupon be submitted to the arbitrator agreed upon by the parties. If the party receiving the notice does not accept any of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days and shall indicate the person or persons it is willing to accept as a single arbitrator. If the parties are unable to agree on a person to act as a single arbitrator, either party may make a written request to the Federal Minister of Labour to appoint an arbitrator, and any person so appointed shall be deemed, for all purposes, to have been appointed pursuant to the collective agreement between the parties. The arbitrator shall inquire into and determine the difference and shall issue an award in writing. The decision of the arbitrator is final and binding upon the parties and upon every employee affected by it.
21.06 The arbitrator shall determine the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heard.
21.07 The arbitrator shall have authority to determine whether any matter is arbitrable.
21.08 The arbitrator shall not change, modify or alter any of the terms of this Agreement.
21.09 If the arbitrator, by his award, determines that an employee has been discharged or otherwise disciplined by an employer for cause, and if the collective agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator may substitute any penalty for the discharge or discipline that, to the arbitrator, seems just and reasonable in all the circumstances.
21.10 The parties shall bear equally the fees and expenses of the arbitrator.
21.11 The purpose of the grievance procedure provisions is to ensure that any grievance is processed in an expeditious manner. Therefore, compliance with the time limits is mandatory. If a grieving party does not advance the grievance within the time limits specified, the grievance will be deemed to be abandoned and inarbitrable unless the parties agreed in writing to waive any time limit. If the respondent fails to comply with the provisions of the grievance procedure, the grievance is processed to the next step, unless the parties agree otherwise.
21.12 By mutual written agreement between the parties, the time limits for each stage of the grievance/arbitration procedure may be extended.
21.13 As an alternative to the formal arbitration process set out above, by mutual agreement of the parties a grievance may be referred to someone who will hear the grievance and at the conclusion of the hearing, give a written order without reasons. These decisions may not be used to alter, modify or amend any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. The employee should notify written order will be final and binding upon both parties and no further action may be taken on that grievance by any means. Any costs incurred in this procedure shall be shared equally by the supervisor/manager as soon as possible so that the parties can attempt to informally resolve the matterparties.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE ARBITRATION. The City and the Municipal Workers Teamsters strive to promote ethical, positive and cohesive labor/management relations and to maintain that as a mainstay of its institutional culture. Civil and professional interaction interactions among all members of management, Union officials and employeesemployees are essential to support the efficient delivery of municipal services. Therefore, the parties are highly encouraged to resolve grievances through discussions any grievances as defined herein. A grievance is an allegation by an employee(s), shall be defined as a dispute involving questions of interpretation or application of the Union that the specific terms of this Agreement. Having a desire to create and maintain labor harmony between them, the Agreement parties hereto agree that they will promptly attempt to resolve all grievances arising between them. Failure of probation shall not be subject to the grievance/arbitration procedure. Oral reprimands shall not be subject to the grievance/arbitration procedure. Written reprimands are not subject to the arbitration process. Disciplinary penalties resulting in suspensions of 24 hours or less (or equivalent penalties) shall be subject to the grievance and arbitration process. Disciplinary penalties resulting in suspensions greater than 24 hours (or equivalent penalties) may be appealed through the grievance/arbitration process or at the employee’s option, through the Civil Service Commission, but not both. Should grievances arise between the Union parties to this Agreement or between the employees covered herein and the City have been violated City, the aggrieved party to this Agreement or misrepresented. Grievances employee or employees, as the case may be, shall use the following procedure as the sole means of resolving said grievances in the following manner: The grievance must site cite the specific article(s) Article and sections that the City has Section allegedly violated in the agreementAgreement. The written grievance must also include the remedy sought to correct the alleged grievance. The grievance process is not to be used for matters unrelated to this Collective Bargaining Agreement (e.g. FMLA, ADA, etc.). Departments and Agencies have authority to resolve grievances at the appropriate steps if such resolution does not conflict with this Collective Bargaining Agreement, Human Resources Policies and Procedures, Administrative Regulations, or other City Policies. A failure of probation, consultations, and oral reprimands are not appealable through the Grievance Procedure. The City and the Union agree that, unless otherwise stated within this Agreement, grievances filed over a disciplinary action greater than a written reprimand shall be initiated at step 2 of the grievance procedure. When a grievance arises, the following procedure shall be followed:
Step 1. If there is an employee(s) who believes they have been aggrieved, he/she with the President or Vice President, or a ▇▇▇▇▇▇▇ shall first notify their immediate supervisor/manager of a potential grievance within ten (10) working days of the date the employee becomes aware of the incident precipitating the grievance. The employee should notify the supervisor/manager as soon as possible so that the parties can attempt to informally resolve the matter.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. The City and the Municipal Workers Teamsters strive to promote ethical, positive and cohesive labor/management relations and to maintain that as a mainstay of its institutional culture. Civil and professional interaction interactions among all members of management, Union officials and employeesemployees are essential to support the efficient delivery of municipal services. Therefore, the parties are highly encouraged to resolve grievances through discussions any grievances as defined herein. A grievance is an allegation by an employee(s), shall be defined as a dispute involving questions of interpretation or application of the Union that the specific terms of this Agreement. Having a desire to create and maintain labor harmony between them, the Agreement parties hereto agree that they will promptly attempt to resolve all grievances arising between them. Failure of probation shall not be subject to the grievance/arbitration procedure. Oral reprimands shall not be subject to the grievance/arbitration procedure. Written reprimands are not subject to the arbitration process. Disciplinary penalties resulting in suspensions of 24 hours or less (or equivalent penalties) shall be subject to the grievance and arbitration process. Disciplinary penalties resulting in suspensions greater than 24 hours (or equivalent penalties) may be appealed through the grievance/arbitration process or at the employee’s option, through the Civil Service Commission, but not both. Should grievances arise between the Union parties to this Agreement or between the employees covered herein and the City have been violated City, the aggrieved party to this Agreement or misrepresented. Grievances employee or employees, as the case may be, shall use the following procedure as the sole means of resolving said grievances in the following manner: The grievance must site cite the specific article(s) Article and sections that the City has Section allegedly violated in the agreementAgreement. The written grievance must also include the remedy sought to correct the alleged grievance. The grievance process is not to be used for matters unrelated to this Collective Bargaining Agreement (e.g. FMLA, ADA, etc.). Departments and Agencies have authority to resolve grievances at the appropriate steps if such resolution does not conflict with this Collective Bargaining Agreement, Human Resources Policies and Procedures, Administrative Regulations, or other City Policies. A failure of probation, consultations, and oral reprimands are not appealable through the Grievance Procedure. The City and the Union agree that, unless otherwise stated within this Agreement, grievances filed over a disciplinary action greater than a written reprimand shall be initiated at step 2 of the grievance procedure. When a grievance arises, the following procedure shall be followed:
Step 1. If there is an employee(semployee (or employees) who believes believe they have been aggrieved, he/she with the President or Vice President, or a ▇▇▇▇▇▇▇ or a witness shall first notify their immediate supervisor of a potential grievance within 5 working days of knowledge. Disputes concerning written reprimands shall be brought to the next highest level of supervision over which the written reprimand was issued. The supervisor/manager will respond verbally within five (5) working days of a potential such meeting.
Step 2. Failing to resolve the grievance in accordance with Step 1, the Union may then reduce such grievance to writing and submit it to the Division Head or designee no later than 15 working days of knowledge. The Union ▇▇▇▇▇▇▇ and/or business representative and Division Head or designee shall meet to attempt to resolve the grievance within ten (10) working days from receipt of the date the employee becomes aware of the incident precipitating the written grievance. The employee should notify Division Head or designee shall provide a written response within 5 working days of the supervisor/manager as soon as possible so that Step 2 meeting.
Step 3. If the parties can grievance is not resolved at Step 2, the Union may request a Step 3 meeting with the Department Director within 5 working days from receipt of the Step 2 response. The Union ▇▇▇▇▇▇▇ and/or business representative and Director or designee shall meet to attempt to informally resolve the mattergrievance within ten (10) working days from receipt of Step 3 meeting request. The Director or designee shall provide a written response within 10 working days of the Step 3 meeting.
Step 4. If the grievance is not satisfactorily resolved at Step 3, the Union may, within five
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. The City term "days" as used in this Article means business days. Each Local of the Union, Annapolis, West, and Kings, shall no later than September of each school year appoint not more than three (3) teachers to be members of a committee which shall be known as the Grievance Committee and the Municipal Workers strive function of which shall be to promote ethical, positive deal with grievances. The Union shall appoint and cohesive labor/management relations and to maintain a professional interaction among the Board shall recognize the Grievance Committee of the Locals representing all regular members of management, the Union officials and employeesto deal with grievances. Therefore, The Union shall inform the parties are highly encouraged to resolve grievances through discussions as defined hereinBoard in writing of the members of the Committee or any change therein. A grievance is an allegation by an employee(s), a dispute arising between the Board and a teacher or the Board and the Union that regarding the terms interpretation, application, administration or any alleged violation of this Agreement or any amendment or attachment thereto. Any question as to whether a matter is arbitrable shall be determined in accordance with this Article Wherever practicable the person making the complaint should first attempt to resolve the matter informally through discussions with the other persons involved. Individual grievances shall be processed in the following manner: Within ten days after the alleged grievance has come to the attention of the the representative shall submit the grievance in writing to the Coordinator of Employee and Labour Relations and provide a copy to the Chair of the Grievance Committee. The grievance shall bear the signature of the teacher, and shall provide a summary of the facts giving rise to the grievance and the requested resolution. The Coordinator of Employee and Labour Relations shall meet with the with or without the Chair of the Grievance Committee (or designate) in an endeavour to resolve the dispute. The Coordinator of Employee and Labour Relations shall reply in writing to the with a copy to the Chair of the Grievance Committee, within ten days from the date the grievance was received. If the reply of the Coordinator of Employee and Labour Relations is not acceptable to the the Grievance Committee may, within ten days of the reply being received, submit the grievance in writing to the Director of Human Resources, outlining a summary of the facts giving rise to the grievance, an identification of the specific of the Agreement between the Union and the City alleged to have been violated or misrepresented. Grievances must site the specific article(s) and sections that the City has allegedly violated in the agreementa description of any relief sought. The written grievance must also include Director of Human Resources shall then arrange and hold a meeting with the remedy sought Grievance Committee to correct discuss the alleged grievance. The grievance process At such meeting there may be present such additional persons as the parties may mutually agree upon and both parties shall act reasonably in this regard. Within ten days of receipt of the grievance, the Director of Human Resources shall reply in writing to the grievance. If the matter is not to be used for matters unrelated to this Collective Bargaining Agreement (e.g. FMLA, ADA, etc.). Departments and Agencies have authority to resolve grievances resolved at the appropriate steps if such resolution does not conflict with this Collective Bargaining Agreement, Human Resources Policies and Procedures, Administrative Regulations, or other City Policies. A failure of probation, consultations, and oral reprimands are not appealable through the Grievance Procedure. The City and the Union agree that, unless otherwise stated within this Agreement, grievances filed over a disciplinary action greater than a written reprimand shall be initiated at step 2 Step of the grievance procedure. When a grievance arises, the following procedure shall be followed:
Step 1. If there is an employee(s) who believes they have been aggrievedUnion may, he/she with the President or Vice President, or a ▇▇▇▇▇▇▇ shall first notify their immediate supervisor/manager of a potential grievance within ten (10) working days following the receipt of the date the employee becomes aware reply of the incident precipitating Director of Human Resources, refer the grievance. The employee should notify grievance to arbitration by giving a notice in writing to the supervisor/manager as soon as possible so that the parties can attempt to informally resolve the matterDirector of Human Resources.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE ARBITRATION. The City 21.01 Any difference between any teacher covered by this Agreement and the Municipal Workers strive Board or between the Association and the Board concerning the interpretation, application, operation or alleged violation of this Agreement, including any dispute as to promote ethicalwhether the difference is arbitrable, positive and cohesive labor/management relations and shall be dealt with as follows, without stoppage of work or refusal to maintain perform work.
21.02 Any grievance must be submitted within thirty (30) school days of the occurrence, incident, or circumstances giving rise to the grievance.
21.03 Where such a professional interaction among all members of management, Union officials and employees. Thereforedifference arises, the parties are highly encouraged hereby agree that everything possible will be done to resolve grievances through discussions as defined hereinsettle such a difference within twenty (20) school days of the grievance or alleged violation being filed in writing with the Board. A Any pertinent correspondence shall be made available at that time.
21.04 In the event the grievance is an allegation by an employee(s), or not settled within fifteen (15) school days after the Union that the terms date of submission of the grievance in accordance with Article 21.02, then on or before a further five (5) school days has elapsed the grievance shall be referred in writing by the grievor to the grievance committee. The grievance shall set out the nature of the grievance, the articles of this Agreement between the Union and the City that it is alleged have been violated or misrepresented. Grievances must site the specific article(s) and sections that the City has allegedly violated in the agreement. The written grievance must also include the remedy sought to correct the alleged grievancesought. The grievance process is not to committee shall be used for matters unrelated to this Collective Bargaining Agreement (e.g. FMLAmade up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as may be needed. For the Association: The President and/or Regional President The Executive Director The employee, ADA, etc.). Departments if applicable The grievance committee shall meet and Agencies have authority endeavour to resolve grievances at the appropriate steps if such resolution does not conflict with this Collective Bargaining Agreement, Human Resources Policies and Procedures, Administrative Regulations, or other City Policies. A failure of probation, consultations, and oral reprimands are not appealable through the Grievance Procedure. The City and the Union agree that, unless otherwise stated within this Agreement, grievances filed over a disciplinary action greater than a written reprimand shall be initiated at step 2 of the grievance procedure. When a grievance arises, the following procedure and shall be followed:
Step 1. If there is an employee(s) who believes they have been aggrieved, he/she with the President or Vice President, or a ▇▇▇▇▇▇▇ shall first notify their immediate supervisor/manager of a potential grievance render its decision within ten (10) working school days of the date meeting. If the employee becomes aware grievance committee reaches a unanimous decision as to the disposition of the incident precipitating grievance that decision shall be final and binding on all parties.
21.05 Where the parties fail to reach a satisfactory resolution to the grievance as referred to in Article 21.04; the grieving party may within ten (10) school days refer the matter to arbitration. The party advancing the grievance to arbitration shall notify the other in writing of its desire to submit the difference to arbitration. Such notice shall contain a statement of the difference and shall specify the person or persons the party giving the notice is willing to accept as a single arbitrator. If the party receiving the notice accepts the person or one of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days, and the difference shall thereupon be submitted to the arbitrator agreed upon by the parties. If the party receiving the notice does not accept any of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days and shall indicate the person or persons it is willing to accept as a single arbitrator. If the parties are unable to agree on a person to act as a single arbitrator, either party may make a written request to the Federal Minister of Labour to appoint an arbitrator, and any person so appointed shall be deemed, for all purposes, to have been appointed pursuant to the collective agreement between the parties. The arbitrator shall inquire into and determine the difference and shall issue an award in writing. The decision of the arbitrator is final and binding upon the parties and upon every employee affected by it.
21.06 The arbitrator shall determine the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heard.
21.07 The arbitrator shall have authority to determine whether any matter is arbitrable.
21.08 The arbitrator shall not change, modify or alter any of the terms of this Agreement.
21.09 If the arbitrator, by his award, determines that an employee has been discharged or otherwise disciplined by an employer for cause, and if the collective agreement does
21.10 The parties shall bear equally the fees and expenses of the arbitrator.
21.11 The purpose of the grievance procedure provisions is to ensure that any grievance is processed in an expeditious manner. Therefore, compliance with the time limits is mandatory. If a grieving party does not advance the grievance within the time limits specified, the grievance will be deemed to be abandoned and inarbitrable unless the parties agreed in writing to waive any time limit. If the respondent fails to comply with the provisions of the grievance procedure, the grievance is processed to the next step, unless the parties agree otherwise.
21.12 By mutual written agreement between the parties, the time limits for each stage of the grievance/arbitration procedure may be extended.
21.13 As an alternative to the formal arbitration process set out above, by mutual agreement of the parties a grievance may be referred to someone who will hear the grievance and at the conclusion of the hearing, give a written order without reasons. These decisions may not be used to alter, modify or amend any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. The employee should notify written order will be final and binding upon both parties and no further action may be taken on that grievance by any means. Any costs incurred in this procedure shall be shared equally by the supervisor/manager as soon as possible so that the parties can attempt to informally resolve the matterparties.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE ARBITRATION. The City and the Municipal Workers strive to promote ethical, positive and cohesive labor/management relations and to maintain a professional interaction among all members of management, Union officials and employees. Therefore, the parties are highly encouraged to resolve grievances through discussions as defined herein. A grievance is an allegation by an employee(s), or the Union that the terms of the Agreement between the Union and the City have been violated or misrepresented. Grievances must site the specific article(s) and sections that the City has allegedly violated in the agreement. The written grievance must also include the remedy sought to correct the alleged grievance. The grievance process is not to be used for matters unrelated to this Collective Bargaining Agreement (e.g. FMLA, ADA, etc.). Departments and Agencies have authority to resolve grievances at the appropriate steps if such resolution does not conflict with this Collective Bargaining Agreement, Human Resources Policies and Procedures, Administrative Regulations, or other City Policies. A failure of probation, consultations, and oral reprimands are not appealable through the Grievance Procedure. The City and the Union agree that, unless otherwise stated within this Agreement, grievances filed over a disciplinary action greater than a written reprimand shall be initiated at step 2 of the grievance procedure. When a grievance arises, the following procedure shall be followed:
Step 1. If there is an employee(s) who believes they have been aggrieved, he/she with the President or Vice President, or a ▇▇▇▇▇▇▇ shall first notify their immediate supervisor/manager of a potential grievance within ten (10) working days of the date the employee becomes aware of the incident precipitating the grievance. The employee should notify the supervisor/manager as soon as possible so that the parties can attempt to informally resolve the matter.
Step 2. If the grievance is not satisfactorily settled at Step 1, the Union may, within five
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. The City and the Municipal Workers strive to promote ethical, positive and cohesive labor/management relations and to maintain a professional interaction among all members of management, Union officials and employees. Therefore, the parties are highly encouraged to resolve grievances through discussions as defined herein. A grievance is an allegation by an employee(s), or the Union that the terms of the Agreement between the Union and the City have been violated or misrepresented. Grievances must site the specific article(s) and sections that the City has allegedly violated in the agreement. The written grievance must also include the remedy sought to correct the alleged grievance. The grievance process is not to be used for matters unrelated to this Collective Bargaining Agreement (e.g. FMLA, ADA, etc.). Departments and Agencies have authority to resolve grievances at the appropriate agree that all steps if such resolution does not conflict with this Collective Bargaining Agreement, Human Resources Policies and Procedures, Administrative Regulations, or other City Policies. A failure of probation, consultations, and oral reprimands are not appealable through the Grievance Procedure. The City and the Union agree that, unless otherwise stated within this Agreement, grievances filed over a disciplinary action greater than a written reprimand shall be initiated at step 2 taken to assure that complaints relating to the administration or interpretation of this Agreement shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. When It understood that a reasonable of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in grievance arisesmatters and the Union agrees that the members of its committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. violations of the Agreement, this and alleged abuses,of discretion through the following grievance 'procedure and determined, by arbitration. There shall be followed:
Step 1. If there is an employee(s) who believes they have been aggrieved, he/she with the President or Vice President, or a ▇▇▇▇▇▇▇ shall first notify their immediate supervisor/manager effort on the part of a potential grievance both parties to settle such grievances promptly through the following steps. The two nominees of the parties shall, within ten (10) working days appoint or select a chairman for the Arbitration Board, but if they are not able to agree upon a chairman within the time limit, the appointment be made by the Ontario Labour Management Arbitration Commission upon the request of either party. If there is no majority decision, the decision of the date Chairman shall be the decision of the Board. No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations between the Company and the Union, or who has acted as a paid agent, Attorney or Solicitor for either party. No matter shall be submitted to the Board of Arbitration which has not been properly carried through previous Steps of the Grievance Procedure in accordance with this Agreement. The Arbitration board shall not make any decision inconsistent with this Agreement, nor alter, modify or amend part of this Agreement shall only consider the question in dispute, subject to the powers given to an Arbitration Board under this Agreement. When the employee becomes aware has been found to have been unjustly dealt with, the Board of Arbitration shall have the incident precipitating the grievance. The employee should notify the supervisor/manager power to order reinstatement with or without compensation as soon as possible so that the parties can attempt to informally resolve the matterit sees fit.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE ARBITRATION. The City and SECTION 1 - Definition A grievance shall be defined as any dispute or violation arising between Local 6082 or member(s) with the Municipal Workers strive to promote ethicalCorporation. All parties recognize that the provision of a method by which all complaints, positive and cohesive labor/management relations and to maintain a professional interaction among all members disputes, controversies, or other grievances can be resolved is in the best interests of management, Union officials and employeesharmonious labor relations. Therefore, If differences or disputes arise during the life of this Agreement the parties are highly encouraged to resolve grievances through discussions as defined herein. A grievance is an allegation shall be bound by an employee(s)any written decisions, determinations, agreements, or the Union that the terms of the Agreement between the Union and the City have been violated or misrepresented. Grievances must site the specific article(s) and sections that the City has allegedly violated in the agreementsettlements which may be effectuated through this grievance-arbitration procedure. The written grievance must also include the remedy sought to correct the alleged grievance. The grievance process is not to be used for matters unrelated to this Collective Bargaining Agreement (e.g. FMLA, ADA, etc.). Departments and Agencies have authority to resolve grievances at the appropriate steps if such resolution does not conflict with this Collective Bargaining Agreement, Human Resources Policies and Procedures, Administrative Regulations, or other City Policies. A failure of probation, consultations, and oral reprimands are not appealable through the Grievance Procedure. The City and the Union agree that, unless otherwise stated within this Agreement, grievances filed over a disciplinary action greater than a written reprimand shall be initiated at step 2 submitted on a grievance form as agreed to by both parties and shall include:
(1) a statement of the grievance procedure. When a grievance arises, and the following procedure shall be followed:pertinent facts;
(2) the provisions of the contract alleged to have been violated; and,
(3) the remedy sought.
SECTION 2 - Steps
Step 1. If there is an employee(s) who believes they have been aggrieved, he/she with the President or Vice President, or a ▇▇▇▇▇▇▇ shall first notify their immediate supervisor/manager of a potential grievance within ten : Within twenty (1020) working days of the date time the employee grievant or AHMC knows or becomes aware of an alleged violation, the incident precipitating grievant shall file a written grievance either by him/herself or through AHMC with the first supervisor outside the bargaining unit. The supervisor then has fifteen (15) working days to respond in writing to the employee and AHMC either granting or denying the grievance. A grievance not brought within the time limits prescribed for in Step One shall be considered void. Should the Corporation not comply with the time limits as specified herein, the relief sought shall be granted by default and implemented by the Corporation.
Step 2: If the grievant or AHMC is not satisfied with the response, the grievance shall, within fifteen (15) working days from the date the Step 1 response is due, be submitted by the grievant or AHMC to the Director of Housing Management and Maintenance in writing. The Director of Housing Management and Maintenance shall respond in writing to the employee should and AHMC within fifteen (15) working days after the Step 2 written grievance was due.
Step 3: If the matter is not resolved in Step 2, the written grievance shall be submitted by the employee through an APEA/AFT Field Representative to the Executive Director, or designee, within fifteen (15) working days after the receipt of the Director of Housing Management and Maintenance's response. The Executive Director, or designee, shall review the facts and, if requested by the employee or APEA/AFT, hold a fact-finding hearing fifteen (15) working days from the date the Step 3 appeal is received. Upon completion of the hearing or upon submission of the Step 3 appeal if no hearing is requested, the Executive Director, or designee, shall have fifteen (15) working days to reduce his/her decision to writing and submit such concurrently to both the employee and Local 6082. In the event the matter is settled by written agreement between the APEA/AFT Field Representative and the Executive Director, such written agreement shall have the same force and effect as a decision or award of the arbitrator and be final and binding on each of the parties and they will abide thereby. Step 4 - Arbitration Failing to resolve the grievance at Step 3 of the grievance procedure, the employee through APEA/AFT may submit the grievance to arbitration. Local 6082 must notify the supervisor/manager Executive Director, or designee, of its intent to arbitrate the grievance no later than fifteen (15) working days after the Step 3 response is due. Grievances alleging discrimination as specified in Article 4 (Nondiscrimination) shall be grievable through Step 3 of the grievance procedure, but shall not be arbitrable. Should the matter not be settled in Step 3, the grievant shall refer the complaint to the appropriate federal, state or local agency which has jurisdiction over the subject matter of the grievance. Selection of an Arbitrator Within seven (7) calendar days of the written notification that the dispute is submitted for arbitration, the Employer and Local 6082 shall attempt to agree on an arbitrator. If the parties are unable to agree on an arbitrator, Local 6082 shall request the Federal Mediation and Conciliation Service to supply a list of seven arbitrators and the parties shall alternately strike names from such list until the name of one (1) arbitrator remains who shall be the arbitrator. The party to strike the first name shall be decided by a coin toss. The arbitrator shall be notified immediately of his or her selection by letters from the Employer and Local 6082 requesting the time and place for a hearing be set as soon as possible so possible. The arbitrator's award shall be final and binding subject to the limits of the authority stated below. The arbitrator shall consider only the particular issues presented in writing by the Employer and/or Local 6082. The arbitrator shall have no authority or power to add to, delete from, disregard, or alter any of the provisions of the Agreement, but shall be authorized only to interpret the existing provisions of the Agreement as they may apply to specific facts of the issue(s) in dispute. The arbitrator shall not decide on the merit or wisdom of any action or failure to act, but only on the contractual obligation inherent in the Agreement. Fees and other expenses incurred through the services of the arbitrator shall be borne entirely by the losing party. If in the opinion of the arbitrator neither party can be considered the losing party, then such expenses shall be apportioned as in the arbitrator's judgment. Extension of Time Frames Time frames for the grievance/arbitration process may be extended only by written mutual agreement of Local 6082 and the Employer. Failure by either party to process the grievance or response thereto within the designated time frames, excluding the filing date or response date for Step 1, will have the effect of moving the grievance to the next step. Filing dates or response due dates for either party shall mean that the parties can attempt to informally resolve filing or response shall be postmarked on or before the matterdue date. If the filing or response is hand-delivered, then it shall be received by the other party on or before the due date and the receiving party shall provide a signed verification of the date received. Employer Grievances Grievances alleging violations of this agreement, or the filing of frivolous or abusive grievances by Local 6082 shall be filed with the Business Manager of APEA/AFT, by the Corporation, within twenty (20) working days of the action.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. The City and the Municipal Workers Teamsters strive to promote ethical, positive and cohesive labor/management relations and to maintain that as a mainstay of its institutional culture. Civil and professional interaction interactions among all members of management, Union officials and employeesemployees are essential to support the efficient delivery of municipal services. Therefore, the parties are highly encouraged to resolve grievances through discussions any grievances as defined herein. A grievance is an allegation by an employee(s), shall be defined as a dispute involving questions of interpretation or application of the Union that the specific terms of this Agreement. Having a desire to create and maintain labor harmony between them, the Agreement parties hereto agree that they will promptly attempt to resolve all grievances arising between them. Failure of probation shall not be subject to the grievance/arbitration procedure. Oral reprimands shall not be subject to the grievance/arbitration procedure. Grievances concerning written reprimands shall be filed at the next highest step over which the written reprimand was issued. Any grievance arising out of discipline greater than a written reprimand shall be commenced at Step 3. Disciplinary penalties resulting in suspensions of 24 hours or less (or equivalent penalties) shall be subject to the grievance and arbitration process with the exception that written reprimands may only be grieved through Step 3. Disciplinary penalties resulting in suspensions greater than 24 hours (or equivalent penalties) may be appealed through the grievance/arbitration process or at the employee’s option, through the Civil Service Commission, but not both. Should grievances arise between the Union parties to this Agreement or between the employees covered herein and the City have been violated City, the aggrieved party to this Agreement or misrepresented. Grievances employee or employees, as the case may be, shall use the following procedure as the sole means of resolving said grievances in the following manner: The grievance must site cite the specific article(s) Article and sections that the City has Section allegedly violated in the agreementAgreement. The written grievance must also include the remedy sought to correct the alleged grievance. The grievance process is not to be used for matters unrelated to this Collective Bargaining Agreement (e.g. FMLA, ADA, etc.). Departments and Agencies have authority to resolve grievances at the appropriate steps if such resolution does not conflict with this Collective Bargaining Agreement, Human Resources Policies and Procedures, Administrative Regulations, or other City Policies. A failure of probation, consultations, and oral reprimands are not appealable through the Grievance Procedure. The City and the Union agree that, unless otherwise stated within this Agreement, grievances filed over a disciplinary action greater than a written reprimand shall be initiated at step 2 of the grievance procedure. When a grievance arises, the following procedure shall be followed:
Step 1. If there is an employee(semployee (or employees) who believes believe they have been aggrieved, he/she with the President or Vice President, or a ▇▇▇▇▇▇▇ or a witness shall first notify their immediate supervisor/manager supervisor of a potential grievance within 5 working days of knowledge. The supervisor will respond verbally within five (5) working days of such meeting.
Step 2. Failing to resolve the grievance in accordance with Step 1, the Union may then reduce such grievance to writing and submit it to the Division Head or designee no later than 15 working days of knowledge. The Union ▇▇▇▇▇▇▇ and/or business representative and Division Head or designee shall meet to attempt to resolve the grievance within ten (10) working days from receipt of the date the employee becomes aware of the incident precipitating the written grievance. The employee should notify Division Head or designee shall provide a written response within 5 working days of the supervisor/manager as soon as possible so that Step 2 meeting.
Step 3. If the parties can grievance is not resolved at Step 2, the Union may request a Step 3 meeting with the GCWW Director within 5 working days from receipt of the Step 2 response. The Union ▇▇▇▇▇▇▇ and/or business representative and Director or designee shall meet to attempt to informally resolve the mattergrievance within ten (10) working days from receipt of Step 3 meeting request. The Director or designee shall provide a written response within 10 working days of the Step 3 meeting.
Step 4. If the grievance is not satisfactorily resolved at Step 3, the Union may, within five
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. The City and SECTION 1 - Definition A grievance shall be defined as any dispute or violation arising between Local 6082 or member(s) with the Municipal Workers strive to promote ethicalCorporation. All parties recognize that the provision of a method by which all complaints, positive and cohesive labor/management relations and to maintain a professional interaction among all members disputes, controversies, or other grievances can be resolved is in the best interests of management, Union officials and employeesharmonious labor relations. Therefore, If differences or disputes arise during the life of this Agreement the parties are highly encouraged to resolve grievances through discussions as defined herein. A grievance is an allegation shall be bound by an employee(s)any written decisions, determinations, agreements, or the Union that the terms of the Agreement between the Union and the City have been violated or misrepresented. Grievances must site the specific article(s) and sections that the City has allegedly violated in the agreementsettlements which may be effectuated through this grievance-arbitration procedure. The written grievance must also include the remedy sought to correct the alleged grievance. The grievance process is not to be used for matters unrelated to this Collective Bargaining Agreement (e.g. FMLA, ADA, etc.). Departments and Agencies have authority to resolve grievances at the appropriate steps if such resolution does not conflict with this Collective Bargaining Agreement, Human Resources Policies and Procedures, Administrative Regulations, or other City Policies. A failure of probation, consultations, and oral reprimands are not appealable through the Grievance Procedure. The City and the Union agree that, unless otherwise stated within this Agreement, grievances filed over a disciplinary action greater than a written reprimand shall be initiated at step 2 submitted on a grievance form as agreed to by both parties and shall include:
(1) a statement of the grievance procedure. When a grievance arises, and the following procedure shall be followed:pertinent facts;
(2) the provisions of the contract alleged to have been violated; and,
(3) the remedy sought.
SECTION 2 - Steps
Step 1. If there is an employee(s) who believes they have been aggrieved, he/she with the President or Vice President, or a ▇▇▇▇▇▇▇ shall first notify their immediate supervisor/manager of a potential grievance within ten : Within twenty (1020) working days of the date time the employee grievant or AHMC knows or becomes aware of an alleged violation, the incident precipitating grievant shall file a written grievance either by him/herself or through AHMC with the first supervisor outside the bargaining unit. The supervisor then has fifteen (15) working days to respond in writing to the employee and AHMC either granting or denying the grievance. A grievance not brought within the time limits prescribed for in Step One shall be considered void. Should the Corporation not comply with the time limits as specified herein, the relief sought shall be granted by default and implemented by the Corporation.
Step 2: If the grievant or AHMC is not satisfied with the response, the grievance shall, within fifteen (15) working days from the date the Step 1 response is due, be submitted by the grievant or AHMC to the Director of Housing Management and Maintenance in writing. The Director of Housing Management and Maintenance shall respond in writing to the employee should and AHMC within fifteen (15) working days after the Step 2 written grievance was due.
Step 3: If the matter is not resolved in Step 2, the written grievance shall be submitted by the employee through an APEA/AFT Field Representative to the Executive Director, or designee, within fifteen (15) working days after the receipt of the Director of Housing Management and Maintenance's response. The Executive Director, or designee, shall review the facts and, if requested by the employee or APEA/AFT, hold a fact-finding hearing fifteen (15) working days from the date the Step 3 appeal is received. Upon completion of the hearing or upon submission of the Step 3 appeal if no hearing is requested, the Executive Director, or designee, shall have fifteen (15) working days to reduce his/her decision to writing and submit such concurrently to both the employee and Local 6082. In the event the matter is settled by written agreement between the APEA/AFT Field Representative and the Executive Director, such written agreement shall have the same force and effect as a decision or award of the arbitrator and be final and binding on each of the parties and they will abide thereby. Step 4 - Arbitration Failing to resolve the grievance at Step 3 of the grievance procedure, the employee through APEA/AFT may submit the grievance to arbitration. Local 6082 must notify the supervisor/manager Executive Director, or designee, of its intent to arbitrate the grievance no later than fifteen (15) working days after the Step 3 response is due. Grievances alleging discrimination as specified in Article 4 (Nondiscrimination) shall be grievable through Step 3 of the grievance procedure, but shall not be arbitrable. Should the matter not be settled in Step 3, the grievant shall refer the complaint to the appropriate federal, state or local agency which has jurisdiction over the subject matter of the grievance. Selection of an Arbitrator Within seven (7) calendar days of the written notification that the dispute is submitted for arbitration, the Employer and Local 6082 shall attempt to agree on an arbitrator. If the parties are unable to agree on an arbitrator, Local 6082 shall request the Federal Mediation and Conciliation Service to supply a list of seven arbitrators and the parties shall alternately strike names from such list until the name of one (1) arbitrator remains who shall be the arbitrator. The party to strike the first name shall be decided by a coin toss. The arbitrator shall be notified immediately of his or her selection by letters from the Employer and Local 6082 requesting the time and place for a hearing be set as soon as possible so possible. The arbitrator's award shall be final and binding subject to the limits of the authority stated below. The arbitrator shall consider only the particular issues presented in writing by the Employer and/or Local 6082. The arbitrator shall have no authority or power to add to, delete from, disregard, or alter any of the provisions of the Agreement, but shall be authorized only to interpret the existing provisions of the Agreement as they may apply to specific facts of the issue(s) in dispute. The arbitrator shall not decide on the merit or wisdom of any action or failure to act, but only on the contractual obligation inherent in the Agreement. Fees and other expenses incurred through the services of the arbitrator shall be borne entirely by the losing party. If in the opinion of the arbitrator neither party can be considered the losing party, then such expenses shall be apportioned as in the arbitrator's judgment. Extension of Time Frames Time frames for the grievance/arbitration process may be extended only by written mutual agreement of Local 6082 and the Employer. Failure by either party to process the grievance or response thereto within the designated time frames, excluding the filing date or response date for Step 1, will have the effect of moving the grievance to the next step. Filing dates or response due dates for either party shall mean that the parties can attempt to informally resolve filing or response shall be postmarked on or before the matterdue date. If the filing or response is hand-delivered, then it shall be received by the other party on or before the due date and the receiving party shall provide a signed verification of the date received. Employer Grievances Grievances alleging violations of this agreement, or the filing of frivolous or abusive grievances by Local 6082 shall be filed with the Business Manager of APEA/AFT, by the Corporation, within twenty (20) working days of the action.
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Sources: Collective Bargaining Agreement