Common use of GRIEVANCE PROCEDURE AND MEDIATION Clause in Contracts

GRIEVANCE PROCEDURE AND MEDIATION. A. In the event that any difference arises between the Authority and the Union, or between the Authority and any of its employees affected by this Agreement and concerning the interpretation, application or compliance with the provisions of this Agreement, such difference shall be deemed to be a grievance. B. The procedure for the settlement of grievance shall be as follows: Step I. The employee or the employee and the Union’s grievance representative shall present the grievance orally to the employee’s immediate supervisor within five (5) calendar days after the employee becomes aware, or should have been aware, of the grievance; however, the time limit for filing of a grievance involving discharge or suspension of five (5) days or more shall be three (3) calendar days from the date of discharge or suspension. Grievances involving discharge or suspension of five (5) days or more shall start on StepII as provided in Article 10 hereof. The immediate supervisor shall meet with the parties involved to make every reasonable effort towards a proper disposition and settlement of the grievance. If no satisfactory settlement is reached within two (2) working days from the time the grievance was discussed with the supervisor, then the grievance shall be reduced to writing by the Union on a grievance form supplied by the Authority within five (5) days of the date it was discussed with the supervisor. The written agreement shall be presented to the supervisor who will return his answer to the Union within three (3) working days. Step II. In the event the grievance is not resolved under Step I hereof, the Union’s grievance representative (who shall be the President of the Union) shall present the written grievance within five (5) days of receipt of the supervisor’s written answer to the Executive Director of the Authority and arrange for a meeting for the purpose of reviewing the grievance. Should no mutually satisfactory settlement be reached within five (5) working days of the receipt of the written grievance, either party may refer the grievance to the Authority Board under StepIII. StepIII. In the event the grievance has not been satisfactorily resolved in StepII hereof, the Union or the Authority may, within five (5) calendar days following the expiration of the five-day period under StepII notify the Secretary of the Authority in writing that the grievance has not been resolved. The Commissioners of the Authority shall then hear the grievance within thirty (30) working days with all parties being invited to attend. The employee is entitled to be represented at this hearing by the Union or at his choosing, by counsel, at his own cost. The Commissioners shall render a decision in writing within twenty (20) working days of the hearing. Step IV. In the event the grievance has not been satisfactorily resolved in Step III hereof, the Union may within five (5) calendar days following the expiration of the twenty (20) day period under Step III request binding mediation. 1. A request for mediation shall be initiated by the Union serving upon the Authority notice in writing of its intent to proceed to mediation. 2. Said notice shall identify the provisions of the Agreement involved, the employee involved and a statement of the grievance or grievances which were made the subject of the previous steps. 3. The party requesting mediation shall make application to the Public Employment Relations Commission (PERC) and request that PERC submit a list of possible mediators from which the parties may select a mediator by mutual agreement. 4. All fees and expenses or administrative charges for the mediator shall be divided equally between the parties. Each party shall bear the cost of preparing and presenting its own case, including the expense pertaining to their respective witness from outside the bargaining unit. 5. If the mediator is unable to arrive at a mediated settlement that is acceptable to both parties, the parties shall request that he or she issue a written “Mediator’s Recommendation” within thirty (30) days of the close of the hearing. This “Mediator’s Recommendation” shall be final and binding on both parties, but shall have no precedential effect and shall not be admitted for any purpose in any future cases. 6. All of the time limits contained in this Agreement may be extended by mutual agreement. Unless such time is extended by mutual agreement, the failure to observe the time limits herein for the presentation of a grievance shall constitute an abandonment of a grievance and settlement thereof.

GRIEVANCE PROCEDURE AND MEDIATION. A. In the event that any difference arises between the Authority and the Union, or between the Authority and any of its employees affected by this Agreement and concerning the interpretation, application or compliance with the provisions of this Agreement, such difference shall be deemed to be a grievance. B. The procedure for the settlement of grievance shall be as follows: Step I. The employee or the employee and the Union’s grievance representative shall present the grievance orally to the employee’s immediate supervisor within five (5) calendar days after the employee becomes aware, or should have been aware, of the grievance; however, the time limit for filing of a grievance involving discharge or suspension of five (5) days or more shall be three (3) calendar days from the date of discharge or suspension. Grievances involving discharge or suspension of five (5) days or more shall start on StepII as provided in Article 10 hereof. The immediate supervisor shall meet with the parties involved to make every reasonable effort towards a proper disposition and settlement of the grievance. If no satisfactory settlement is reached within two (2) working days from the time the grievance was discussed with the supervisor, then the grievance shall be reduced to writing by the Union on a grievance form supplied by the Authority within five (5) days of the date it was discussed with the supervisor. The written agreement shall be presented to the supervisor who will return his answer to the Union within three (3) working days. Step II. In the event the grievance is not resolved under Step I hereof, the Union’s grievance representative (who shall be the President of the Union) shall present the written grievance within five (5) days of receipt of the supervisor’s written answer to the Executive Director of the Authority and arrange for a meeting for the purpose of reviewing the grievance. Should no mutually satisfactory settlement be reached within five (5) working days of the receipt of the written grievance, either party may refer the grievance to the Authority Board under StepIII. StepIII. In the event the grievance has not been satisfactorily resolved in StepII hereof, the Union or the Authority may, within five (5) calendar days following the expiration of the five-day period under StepII notify the Secretary Personnel Committee of the Authority in writing that the grievance has not been resolved. The Commissioners Personnel Committee of the Authority shall then hear the grievance within thirty (30) working days with all parties being invited to attend. The employee is entitled to be represented at this hearing by the Union or at his choosing, by counsel, at his own cost. The Commissioners Personnel Committee shall render a decision in writing within twenty (20) working days of the hearing. Step IV. In the event the grievance has not been satisfactorily resolved in Step III hereof, the Union may within five (5) calendar days following the expiration of the twenty (20) day period under Step III request binding mediation. 1. A request for mediation shall be initiated by the Union serving upon the Authority notice in writing of its intent to proceed to mediation. 2. Said notice shall identify the provisions of the Agreement involved, the employee involved and a statement of the grievance or grievances which were made the subject of the previous steps. 3. The party requesting mediation shall make application to the Public Employment Relations Commission (PERC) and request that PERC submit a list of possible mediators from which the parties may select a mediator by mutual agreement. 4. All fees and expenses or administrative charges for the mediator shall be divided equally between the parties. Each party shall bear the cost of preparing and presenting its own case, including the expense pertaining to their respective witness from outside the bargaining unit. 5. If the mediator is unable to arrive at a mediated settlement that is acceptable to both parties, the parties shall request that he or she issue a written “Mediator’s Recommendation” within thirty (30) days of the close of the hearing. This “Mediator’s Recommendation” shall be final and binding on both parties, but shall have no precedential effect and shall not be admitted for any purpose in any future cases. 6. All of the time limits contained in this Agreement may be extended by mutual agreement. Unless such time is extended by mutual agreement, the failure to observe the time limits herein for the presentation of a grievance shall constitute an abandonment of a grievance and settlement thereof.

GRIEVANCE PROCEDURE AND MEDIATION. A. In 7.01 The Employer and the event Association recognize that any difference arises the Stewards and the CLAC Representatives specified in Article 6.01 as the agents through which volunteers shall process their grievances and receive settlement thereof. 7.02 For the purposes of this Article, a grievance is defined as a dispute between the Authority and the Union, or between the Authority and any of its employees affected by this Agreement and concerning parties arising from the interpretation, application application, administration or compliance with alleged violation of the provisions of this Collective Agreement, such difference shall be deemed including any question as to be whether a grievancematter is arbitrable. B. The procedure for 7.03 Step 1 A volunteer having a question or a complaint that has not already been dealt with through the settlement normal chain of grievance command shall be as follows: Step I. The employee or the employee and the Union’s grievance representative shall present the grievance orally submit their concern in writing to the employee’s immediate supervisor Deputy Fire Chief or his designate within five ten (510) calendar working days after the employee becomes aware, or should have been aware, of the grievance; however, actual occurrence giving rise to the time limit for filing of a grievance involving discharge question or suspension of five (5) days or more shall be three (3) calendar days from the date of discharge or suspension. Grievances involving discharge or suspension of five (5) days or more shall start on StepII as provided in Article 10 hereofcomplaint. The immediate supervisor volunteer shall meet with have the parties involved option of having a ▇▇▇▇▇▇▇ present. The Deputy Chief shall reply to make every reasonable effort towards a proper disposition and settlement of the grievance. If no satisfactory settlement is reached question or complaint within two ten (210) working days from the time the grievance was discussed with the supervisor, then the grievance shall be reduced to writing by the Union on a grievance form supplied by the Authority within five (5) days of the date day it was discussed with the supervisor. The written agreement shall be presented brought to the supervisor who will return his answer to the Union within three (3) working days. Step IIattention. In the event the grievance is denied or the Deputy Chief or his designate fails to respond, the grievance may be submitted to Step 2 of the grievance process. 7.04 Step 2 If the grievance is not resolved settled under Step I hereof1, the Union’s grievance representative (who shall be the President of the Union) shall present the written grievance within five (5) days of receipt of the supervisor’s written answer to the Executive Director of the Authority and arrange for a meeting for the purpose of reviewing the grievance. Should no mutually satisfactory settlement be reached Association may within five (5) working days of from the receipt response in Step 1, submit a written grievance to the Fire Chief or his designate. Within ten (10) working days of the written submission the volunteer, accompanied by a ▇▇▇▇▇▇▇ or CLAC Representative, will meet to attempt resolution of the grievance, either party may refer the grievance . The Fire Chief or his designate will issue a response in writing to the Authority Board under StepIII. StepIIIAssociation within ten (10) working days of the meeting. In the event the grievance has not been satisfactorily resolved in StepII hereofis denied or the Fire Chief or his designate fails to respond, the Union or the Authority may, within five (5) calendar days following the expiration grievance may be submitted to Step 3 of the five-day period under StepII notify the Secretary of the Authority in writing that grievance process. 7.05 Step 3 If the grievance has is not been resolved. The Commissioners of settled under Step 2, the Authority shall then hear the grievance Association may within thirty ten (3010) working days with all parties being invited from the response in Step 2, submit a written grievance to attendthe Chief Administrative Officer or his designate. The employee is entitled to be represented at this hearing by grievor and the Union or at his choosing, by counsel, at his own costgrievance committee shall meet with the Employer within ten (10) working days from the date of submission of the grievance. The Commissioners grievance committee shall render a be comprised of up to two (2) representatives. The Chief Administrative Officer or their designate shall notify the Association of their decision in writing within twenty ten (2010) working days of the hearing. Step IVfollowing said meeting. In the event the grievance has not been satisfactorily resolved in Step III hereofis denied or the Chief Administrative Officer or their designate fails to respond, the Union grievance may within five (5) calendar days following the expiration of the twenty (20) day period under Step III request binding mediation. 1. A request for mediation shall be initiated by the Union serving upon the Authority notice in writing of its intent to proceed submitted to mediation. 2. Said notice shall identify the provisions of the Agreement involved, the employee involved and a statement of the grievance or grievances which were made the subject of the previous steps. 3. The party requesting mediation shall make application to the Public Employment Relations Commission (PERC) and request that PERC submit a list of possible mediators from which the parties may select a mediator by mutual agreement. 4. All fees and expenses or administrative charges for the mediator shall be divided equally between the parties. Each party shall bear the cost of preparing and presenting its own case, including the expense pertaining to their respective witness from outside the bargaining unit. 5. If the mediator is unable to arrive at a mediated settlement that is acceptable to both parties, the parties shall request that he or she issue a written “Mediator’s Recommendation” within thirty (30) days of the close of the hearing. This “Mediator’s Recommendation” shall be final and binding on both parties, but shall have no precedential effect and shall not be admitted for any purpose in any future cases. 6. All of the time limits contained in this Agreement may be extended by mutual agreement. Unless such time is extended by mutual agreement, the failure to observe the time limits herein for the presentation of a grievance shall constitute an abandonment of a grievance and settlement thereof.