GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement shall be defined as a claim of an employee, the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure. Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure. Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement. Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below. Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days. Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner: Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion. Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion. Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which: a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators. Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel. Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance. Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other. Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties. Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen. a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing. b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day. c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration. Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure. Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure. Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer. Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded. Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 18.01 The Union Bargaining Committee shall consist of three members. A grievance under this Agreement The composition of said committee shall be defined as follows: The President and Vice-President of the Local Union and one other Executive Board Member.
8.02 The Union shall be permitted to appoint Stewards to a claim maximum number of an employee, one
(1) for each twenty (20) employees in the employer, a class Bargaining Unit. Adjustments to the number of Stewards may be made once each three (3) months based on the number of employees appearing on the most recent seniority list. The Union must provide the Company with a complete list of appointed Stewards detailing the area(s) each is responsible to represent and must keep the list up to date at all times.
8.03 Any employee with a grievance or a union representative with a policy grievance shall discuss it with his/her supervisor or appropriate management representative and give the Local Union, covered supervisor/management representative twenty-four (24) hours (the 24 hours shall be extended to a maximum of 48 hours if requested by the Agreement supervisor), in which involves to adjust or reject the interpretation, administration of, grievance. The employee or compliance union representative shall do this within ten (10) days after the alleged circumstances were known or ought to have been known. If the employee or union representative is not satisfied with a specific provision of this Agreement. A class action the answer or he/she wishes to take the grievance will be initially presented at Step 2 of through the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances , it shall be reduced to writing on forms provided by the Union. dealt with as follows:
Step 1 The employee's ▇▇▇▇▇▇▇ shall clearly or in his/her absence an alternate ▇▇▇▇▇▇▇ will first discuss the matter with the employee's supervisor and concisely state all facts will give the supervisor 48 hours in which constitute to adjust or reject the basis for the grievance and shall specify any Article or Section of the Agreement which may be involvedgrievance. The grievance form shall be dated and signed by If the ▇▇▇▇▇▇▇ and feels that the employee's presence is necessary to the resolution of the grievance, the employee may be present at least one employee who claims a violation of this Agreementmeeting.
Section 4. For a Step 2 Failing settlement at Step 1 then within five (5) working days from the Step 1 answer the grievance shall be reduced to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood signed by the parties that the Union representative employee and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ ▇, dated and presented by the grievant, if President to the aggrieved employee is willing and able to attendWarehouse Manager. The discussion with written grievance should state the supervisor or his or her designee shall be held promptly after receipt relief desired in settlement of the grievance and within seven grievance. (7It is understood that the granting by the Company of the relief requested in the grievance, shall resolve the grievance.) calendar days. The supervisor or designee’s written answer Warehouse Manager shall be made available to the Union ▇▇▇▇▇▇▇ hold a meeting within five (5) calendar working days after of receiving the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriategrievance, with the designee(sPresident, Vice President and Divisional Chairperson, where the grievance will be reviewed. Within five (5) working days of the Unionsuch meeting, the grievant, if appropriate, and if Warehouse Manager will provide the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render President with a decision in writing written answer to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved It is understood that at Step 2, the parties Company may mutually agree bring in persons necessary to submit assist in settlement of the grievance and the Union may bring in appropriate Local and International Union officials who are necessary to non-binding mediation before mutually settle the grievance. It is further understood that the time limits referred to herein exclude Saturday, Sunday and holidays. Extension of these time limits may be granted upon written request by either party.
Step 3 Either party may, within thirty (30) full working days of the date of the Company's Step 2 answer, request that any difference as hereinbefore provided be submitted to arbitration, it shall make such request in writing addressed to the other party to this Agreement, and at the same time nominate an arbitrator. Within ten full working days thereafter the other party shall nominate an arbitrator and notify the other party. The Company and the Union shall attempt to select by agreement a chairperson of the arbitration board. If they are unable to agree on such a chairperson within a further period of three working days they will draw a name from the agreed upon mediator from FMCSlist of arbitrators. Such submission The list will be made to FMCS in a letter signed kept current by an annual review by the parties. The parties agree that may, by mutual agreement on a grievance mediation session case by case basis, use a single arbitrator in lieu of the three person board provided herein.
8.04 No person shall be held every month for appointed as an arbitrator who has been involved in an attempt to negotiate or settle the purpose of mediating up to eight (8) unresolved grievances which have arisengrievance.
a.) 8.05 The arbitration board or single arbitrator shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement. No matter may be submitted to arbitration which has not been properly carried through all previous steps of the Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort Procedure.
8.06 The proceedings of the arbitration board or single arbitrator will be made to use a regular day each month. Grievance mediation sessions may only be cancelled expedited by the parties hereto, and the decision of the majority of such board or of the single arbitrator will be final and binding upon the parties thereto.
8.07 Each of the parties hereto will bear the expenses of the arbitrator appointed by it and the parties will jointly bear the expenses of the chairperson of the arbitration board.
8.08 Any and all time limits under this agreement may be extended by mutual agreement of the parties in writing.
b.) Management will bring 8.09 In disciplinary cases, either party has the appropriate personnel with decision making authority right to request the mediation sessions who have been part presence of the grievance process with aggrieved employee at Step 2 of the goal of coming to a decision that dayGrievance Procedure.
c.) Any 8.10 If a seniority employee is discharged or suspended and he/she feels that he/she has been unjustly dealt with, he/she shall within five working days notify the Company and the Union in writing. It shall then constitute a grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearingdealt with under the Grievance Procedure, NLRB proceeding or judicial proceedingstarting at Step 2. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this stepIf, subsequently, it is settled in favour of the employee, he/she shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union reinstated in his/her former position and shall be reduced to writing compensated for all time lost less pay for any penalty time decided upon, and submitted to less any pay he/she has received during the Chief time he/she was off. Employees discharged or suspended shall have the privilege of discussing their position with the ▇▇▇▇▇▇▇ who before leaving the facility. In the event that an employee is "suspended pending investigation" the Company will promptly arrange a meeting at waive the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.five
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement 7:01 Employees of the Company who are members of the Union shall be defined as a claim of an employee, the employer, a class of employees or the Local Union, covered selected by the Agreement which involves Union as Shop ▇▇▇▇▇▇▇. The Union shall advise the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 Company of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility name of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the UnionStewards. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute assist the basis for aggrieved employee(s) if requested to do so by the employee(s) concerned when the grievance is processed to Management. The Grievor(s) and shall specify any Article ▇▇▇▇▇▇▇, if required, will request time from the Supervisor, or Section of his/her delegate as the Agreement which case may be involvedbe, to present the grievance. The Supervisor, or his/her delegate, will provide the time required to process the grievance within four (4) calendar days. The grievance form shall must be dated and signed by the grievor(s) and Step One – The employee, along with his/her ▇▇▇▇▇▇▇ if he/she so desires, shall submit a grievance in writing and shall meet with the Supervisor, or his/her delegate, to discuss the grievance. The Supervisor, or his/her delegate, will render a decision in writing within seven (7) calendar days following the meeting to the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one▇, it must be presented to an Employer representative in writingthe Unit Chairperson, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involvedGas Unit President. Step Two – If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
resolved at “Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with One” then the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, may request in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within a further ten (10) calendar days after the receipt by days, a meeting with Company Management. The Company will arrange to meet with the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Union appealing a grievance to Step 2 discussionof the process.
Step 3: If no mutually satisfactory conclusion 7:02 A grievance shall be deemed waived unless the matter is reached at processed by the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter Union to the Federal Mediation and Conciliation Service Company within twenty (FMCS) within forty-five (4520) calendar days after receipt from the date the misunderstanding arises, as long as the employee or Union had a reasonable opportunity to learn of the infraction.
(a) The Union shall have the right to initiate a group grievance (that is a grievance involving a group of employees as a result of similar circumstances) or a policy grievance (that is a grievance of a general nature with no individual remedy) by submitting and processing it in accordance with “Step 2 answerTwo” in Section 7:01 of this Article.
(b) The Company shall have the right to initiate a grievance(s) relating to any difference in interpretation, which:application or administration of the Agreement, including any question whether a matter is arbitrable, or where an allegation is raised that the Agreement has been violated, under “Step Two” preceding.
a.) requests arbitration identifying 7:04 In the event of a claim by an employee that he/she has been unjustly discharged, the claim in the form of a grievance may be processed at “Step Two” of the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of procedure within seven (7) names calendar days from the date that the discharge took place. The grievance may be settled by the parties to the Collective Agreement or failing to do so by the Arbitration Board or Sole Arbitrator by (a) confirming the Management’s decision of arbitratorsdischarging the employee; or (b) reinstating the employee with full compensation for the lost time; or (c) any other arrangement which is agreed to by the conferring parties or by the Board of Arbitration or Sole Arbitrator. Despite the foregoing in this Section 7:04, any compensation which may be decided on shall not exceed the employee’s normal basic rate of pay for any time lost.
Section 7. No later than fourteen (14) calendar days following receipt of 7:05 Should the copy of Union fail to carry on a grievance within the liststime limits set out in this Article, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by or agreed upon, then the coin toss with the loser making the first strike. The remaining name grievance shall be deemed to be abandoned. Should the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.Company fail to answer a
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step 7:06 Members of the Grievance procedure immediately. Grievances may be entertained at any Step or the Committee will not lose pay for time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievancespent during regularly scheduled working hours attending scheduled meetings with Management Representatives except for time spent on Arbitration.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief 7:07 A Shop ▇▇▇▇▇▇▇ who involved in processing a grievance or wishing to discuss matters involving the Collective Agreement must first obtain permission from his/her Supervisor, or his/her Delegate, before leaving work. The Supervisor or Delegate will endeavour as promptly arrange as possible to provide a meeting at reasonable time period in order that the Step 2 level Shop ▇▇▇▇▇▇▇ may perform such functions. The Shop ▇▇▇▇▇▇▇ shall not suffer a loss of pay for the time so spent during the regular working hours.
7:08 Where a grievance is not settled under the preceding Sections of this procedureArticle, including the question of whether or not a matter is arbitrable, or where an allegation is made that this Collective Agreement has been violated, either of the parties may notify the other party in writing of its desire to submit the grievance or allegation to arbitration within thirty (30) calendar days from the date of Management’s answer at “Step Two”.
7:09 Where a difference arises between the parties relating to the interpretation, application or administration of this Collective Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Collective Agreement has been violated, either of the parties may, after exhausting any grievance procedure established by this Collective Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration. The notice shall contain the name of the first party’s appointee to an Arbitration Board; a list of at least three (3) names, any one of which is acceptable to the first party
7:10 If the application of Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due 7:09 results in a desire to constitute an Arbitration Board, the two (2) appointees so selected shall within five (5) days of the appointment of the second of them, appoint a reduction in the work force third person who shall be reduced Chairman. If the recipient of the notice fails to writing respond within seventy-the time limit, or if the two (722) hours appointees fail to agree upon a Chairman within the time limit or if the parties fail to agree on a Sole Arbitrator within the time limit, then the appointment of a Chairman or Sole Arbitrator shall be made by the Local Union's receipt Minister of written notice Labour upon the request of either party. The Arbitration Board or Sole Arbitrator shall hear and determine the discharge difference or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, allegation and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator issue a decision which shall be final and binding on upon the Union, its membersparties and upon any employee affected by it. In the case of a Board, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator majority shall be the decision of the Arbitration Board, but if there is no majority, the decision of the Chairman shall govern.
7:11 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or may not include “make whole” decisions with respect settle the grievance. Each of the parties hereto will bear the expense of its appointee to back pay, provided, howeveran Arbitration Board and the parties will jointly bear the expenses, if an arbitrator shall award back wages covering any, of the period Chairman of an employee’s separation from the Employer’s payroll, Arbitration Board or Sole Arbitrator. The proceedings of the amount as awarded shall Arbitration Board or Sole Arbitrator will be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held expedited by the employee at the time of the suspension parties
7:12 The Arbitration Board or termination will Sole Arbitrator is not be the basis for authorized, nor is there any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority jurisdiction to alter, amend amend, change, add to or change in modify any way the terms and conditions part or provision of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Collective Labour Agreement.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement shall It is the intention of the parties that, prior to initiating a grievance, efforts will be defined as a claim of an employee, the employer, a class of employees or the Local Union, covered made by the Agreement which involves aggrieved employee(s) and/or Union Representative to engage in a meaningful dialogue concerning the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involvedparticular issue. The grievance form procedure should not be a substitute for attempts to informally resolve issues or concerns. Grievances shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed resolved in the following manner:
Step STEP 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within Within ten (10) calendar working days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived incident giving rise to the grievance or from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if when the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days should have reasonably known of the request unless mutually waived. The Human Resources representativeincident, or designee, the employee and the Union representative shall render meet with and simultaneously submit a decision in writing written grievance/complaint to the Local Union Presidentemployee’s supervisor, specifying the contract provision or designee, within fourteen (14) calendar days of provisions claimed to have been violated and the Step 2 discussion.
Step 3: remedy requested. If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2this meeting, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, resolution shall be reduced to writing and signed at by the grievance mediation sessionparties. Any grievance which is withdrawn The supervisor may request a clarification meeting with the aggrieved employee and the Union Representative. The supervisor shall be done so in writing and signed at give a written answer to the grievance mediation session. Any discussions held in the course grievant/complainant and/or Union representative within ten (10) working days of the grievance mediation process meeting.
STEP 2: If the grievance/complaint is not resolved in STEP 1, it may be appealed by the grievant/complainant and/or Union representative to the grievant’s department head or designated representative in writing, within ten (10) working days after receipt of the answer in STEP 1. Within ten (10) working days after such appeal, a meeting shall be considered “off arranged between the record” grievant/complainant and/or the Union representative and the department head or designee to discuss the matter and its possible resolution. If the matter is not resolved in such a meeting, the department head or designee shall provide a written answer to the grievant/complainant stating the reasons for her/his position within ten (10) working days of the meeting.
STEP 3: If the grievance is not resolved in STEP 2 it may be appealed by the grievant and/or Union representative to the Director of Human Resources or her/his designee within five (5) working days after receipt of the answer in STEP 2. Within five (5) working days after such appeal, a meeting between the Union and the Director of Human Resources or her/his designee shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not scheduled and will be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two held no later than fifteen (7215) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation working days from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be appeal to the basis third step. Following such meeting, the designated Hospital representative shall provide a written answer stating the reasons for any reduction in back pay awardedher/his position to the grievant and the Union within five (5) working days.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement shall be defined as a claim 9.01 The parties acknowledge that, in the interests of an employeepromoting good working relationships, the employer, a class complaints of employees or of the Local Union, covered by Employer should be dealt with and settled at the Agreement which involves earliest possible stage. An employee who has a complaint relating to the interpretation, application, administration ofor alleged violation of this agreement shall discuss the complaint with his/her supervisor initially in order to give the immediate supervisor an opportunity of adjusting the complaint prior to invoking the formal grievance procedure. The supervisor shall state his decision verbally within three (3) working days of receiving the complaint. Failing resolution of the complaint the grievance procedure shall be invoked.
Step 1: Should the employee or the union be dissatisfied with the supervisor’s disposition of the complaint, he/she may, with the assistance of his/her ▇▇▇▇▇▇▇ or bargaining committee representative, commit the grievance to writing on a written grievance form approved by the Employer which shall be delivered to the supervisor within five (5) working days of receipt of the supervisor’s reply to the complaint. The grievance shall specify the article or articles of the agreement allegedly violated, contain a detailed statement of the facts relied upon, indicate the relief sought and be signed by the employee, or compliance union ▇▇▇▇▇▇▇. The supervisor shall answer the grievance in writing within five (5) working days.
Step 2: Should the employee or the union be dissatisfied with the disposition of the grievance at Step 1, the grievance may be referred to the President or his designate within five (5) working days of the response at Step 1. The President shall answer the grievance in writing within five (5) working days of receipt.
Step 3: If no settlement is reached at Step 2, then the matter may be referred to arbitration within ten (10) working days of the written response of the President or his designate, as set out in Article 10.
9.02 The union or the Employer may initiate a specific provision of this Agreement. A class action policy or group grievance will be initially presented beginning at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the Such grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites filed within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar working days of the request unless mutually waivedincident giving rise to the complaint and be in the form prescribed in Step 1. Any such grievance may be referred to arbitration under this article by either the union in the case of a union grievance or the Employer in the case of an employer grievance. The Human Resources representative, union may not institute a grievance directly affecting an employee or designee, employees which such employee or employees could themselves institute and the regular grievance procedure shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussionnot thereby be by- passed.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate 9.03 Time limits specified in the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first procedure may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless extended by mutual agreement in writing signed by between the partiesEmployer and the union.
Section 11. If 9.04 No grievances may be submitted concerning termination, layoff or disciplining of a probationary employee, except where bad faith is alleged.
9.05 A regular employee who is discharged or suspended for more than five (5) working days may file a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedurethe grievance procedure within three (3) working days after such discharge or suspension.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1 A grievance is defined as an alleged misinterpretation or misapplication of a specific article or section of this Contractual Agreement. A grievance under this Agreement shall may be defined as a claim of an employee, the employerfiled by any Faculty Member, a class group of employees Faculty Members, or the Local UnionAssociation. The Faculty Member, covered at each step of the proceeding, may elect to invite an advisor/observer to be present. The Administrator at any step of the proceeding may elect to invite an advisor/observer to be present. Court reporters shall not be allowed to attend grievance meetings held pursuant to Section E 1, GRIEVANCE PROCEDURE, of the Contractual Agreement and record such meetings except by mutual consent. A representative of the Agreement which involves Association may elect to be present at each step of the interpretation, administration of, or compliance with process. The Association may choose to join in support of the grievant at any point in the grievance process. The Association may introduce evidence from previous grievance files in support of the current grievance of a specific provision Faculty Member(s). Use of this Grievance Procedure will not deny subsequent access to other legal procedures, except as specifically provided in this Contractual Agreement. A class action Any and all adjustments resulting from use of this procedure must be consistent with the terms of this Contractual Agreement. The grievance will be initially presented submitted in writing, signed by the alleged grieving Faculty Member(s), and will list the specific articles or sections violated and describe the alleged incident and specify the remedy requested. In the event the grievance does not involve instructional Deans, the grievance shall be initiated at Step 2 2.
Step 1: Within ten (10) instruction days of the time a grievance arises, or when the cause of the grievance procedure.
Section 2could reasonably have been known by the grievant, [in no case more than forty (40) instruction days for the individual grievant after the cause of the grievance] the Faculty Member or Association at the request of the Faculty Member, will present a written, signed statement of grievance to the appropriate ▇▇▇▇/Director with notification to the Association. The selection Within eight (8) instruction days after notification of the grievance a meeting will take place between the Faculty Member and the assignment of supervisory employees is the sole responsibility ▇▇▇▇/Director and/or appropriate designees and a representative of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided Association if requested by the UnionFaculty Member. The ▇▇▇▇▇▇▇ /Director shall clearly give the Faculty Member and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims Association a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, written answer within twenty eight (20) calendar 8) instruction days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussionmeeting.
Step 2: If no mutually acceptable conclusion the grievance is reached not resolved in Step 1, 1 by the receipt of the ▇▇▇▇'▇/Director's answer the Faculty Member may continue the grievance shall then be presented, in writing, within eight (8) instruction days to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites appropriate Vice President. If the grievance does not involve instructional Deans the Faculty Member may grieve within ten (10) calendar instruction days of the time a grievance arises, or when the cause of the grievance could reasonably have been known by the grievant [in no case more than forty (40) instruction days for the individual grievant after the receipt by cause of the Union grievance], to the appropriate Vice President with a signed, written statement of grievance. A copy shall be given to the ▇▇▇▇/Director, if the ▇▇▇ of the written answer derived from the ▇▇/Director was involved in Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, and to the Association. The appropriate Vice President or designated representative shall be reduced to writing meet with the Faculty Member and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course a representative of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level Association within eight (8) instruction days of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours receipt of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14grievance. The award of an arbitrator shall be final and binding on the Union, its members, the employee appropriate Vice President or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.designated
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Contractual Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement The following procedure shall be defined as a claim used for the resolution of an employeedifferences referred to in Article 9.01 (Discussion of Differences), other than for the suspension or dismissal of employees Article 9.06 (Resolution of Employee Dismissal or Suspension Disputes) and Application disputes under Article 9.03(General Application Dispute).
Step 1 Within fourteen (14) calendar days of the occurrence of the difference, or within fourteen (14) calendar days of when the employee first becomes aware of the matter giving rise to the difference, the employeremployee with or without the ▇▇▇▇▇▇▇ (at the employee’s choice) shall discuss the difference in a meeting with the immediate supervisor. Where the immediate supervisor is also the Step 2 designate, a class this stage may be eliminated.
Step 2 If the difference is not satisfactorily settled under Step 1 then, within fourteen (14) calendar days after the completion of employees or Step 1, the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance employee with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly meet with the representative designated by the Employer with the authority to handle grievances at Step 2 to discuss and concisely state all facts which constitute the basis for submit the grievance and shall specify any Article or Section in writing. Within a further seven (7) calendar days of receipt of the Agreement which may written grievance, the representative designated by the Employer shall give a written response to the employee and the ▇▇▇▇▇▇▇. Should the grievance be involved. The grievance form denied, written explanations shall be dated and signed by given. If the grievance is not satisfactorily settled under Step 2, then the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that notify the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of receipt of the written response to the grievance. Where the Union submits the written grievance, Step 2 discussion1 shall be eliminated and the Union shall be substituted for the employee in Step 2.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 23 The Union shall, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending within a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than further fourteen (14) calendar days following receipt of this notification, discuss the copy of grievance with the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made designated by the coin toss Employer with the loser making the first strike. The remaining name authority to handle grievances at Step 3 (who shall be outside the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the partiesbargaining unit). The parties agree recognize they have a common interest in resolving grievances. Such resolution is promoted through providing each other with background information and documentation directly related to the grievance so that informed discussion of the issue can take place at this level. Within a grievance mediation session shall be held every month for further seven 7) calendar days of the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled Step 3 meeting the representative designated by the mutual agreement of the parties Employer shall respond in writing.
b.) Management will bring the appropriate personnel with decision making authority writing to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedentUnion. Should the parties reach agreement grievance be denied, written reasons for denial shall be given. Failing settlement at this step, it shall the grievance may be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately referred to arbitration.
Section 12. Any grievance which arbitration within 90 days after the Employer may have against designates decision has been received. Where a difference arises between the Union shall be reduced to writing and submitted parties relating to the Chief dismissal, discipline, or suspension of an employee, or to the interpretation, application, operation, or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, during the term of the Agreement, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇ who will promptly arrange ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, or a meeting substitute agreed to by the parties, shall at the Step 2 level request of this procedure.either party:
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction A) investigate the difference;
B) define the issue in the work force shall be reduced difference, and
C) make written recommendations to writing resolve the difference, within seventy-two five (725) hours days of the Local Union's date of receipt of written notice the request, and for those five (5) days from that date, time does not run in respect of the discharge or notice grievance procedure. In the event the parties are unable to agree on an Industry Troubleshooter within a period of layoff or within seventy-two thirty (7230) hours after the events should reasonably have become known days either party may apply to the Local Union, and shall be submitted Registrar of Labour for the Province of BC to appoint such person. Failing settlement at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its membersstep, the employee or employees involved and the Employergrievance may be referred to arbitration.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement Grievances shall be defined resolved as a claim of an employee, the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following mannerfollows:
Step 1: Grievances . Appropriate Assistant Chief of Fire The aggrieved employee or group of employees covered by this Agreement shall be presented present his/her or their grievance in writing on forms supplied by the Union to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attendappropriate Assistant Chief of Fire. The discussion with the supervisor or his or her designee shall be held promptly after receipt Distribution of copies of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to by Management as required. One (1) copy shall be retained by the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the employee. A grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) filed within forty-five (45) calendar days after the employee becomes aware or reasonably should have become aware of the occurrence complained of. The grievance complaint shall be filed at Step 1 by the appropriate Chief ▇▇▇▇▇▇▇. The Assistant Chief of Fire shall reply in writing to the grievance within twenty-one (21) calendar days after it has been presented to him. If the aggrieved employee does not refer the grievance within twenty-one (21) calendar days after receipt of the decision rendered in this step, it shall be considered to be satisfactorily resolved.
Step 2 answer2. Director and Chief of Fire and Labor Relations Manager This grievance, which:
a.) requests arbitration identifying the grievance and including whatever forms are required along with all correspondence to date, may be submitted by the Mediation Service; and
b.) requests grievant on forms provided by the Mediation Service Union to send the Director of Fire. The Director of Fire, with the assistance of the Labor Relations Manager shall investigate and hold such hearings as they deem necessary and reply to each party a list of seven the grievant and the Union in writing within twenty-one (7) names of arbitrators.
Section 7. No later than fourteen (1421) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11after receipt. If a grievance canwritten notice of the Union’s intent to file under the arbitration procedure is not be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed received by hand delivery or regular U.S. Mail by the parties. The parties agree that a grievance mediation session shall be held every month for Labor Relations Manager within forty-five (45) calendar days from the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement postmarked date of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part hand delivered or regular U.S. mail reply of the grievance process with the goal of coming to a Director’s decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding considered to be satisfactorily resolved.
Step 3. Arbitration Management or the Union, based on the facts presented, have the right to decide whether to arbitrate or appeal any grievance. Management’s agent for authorizing arbitration is the Manager of Labor Relations and the Union’s agent is the President or his designee. In the event the matter is submitted to arbitration, Management must within twenty-one (21) calendar days apply to the A.A.A. (American Arbitration Association) or the A.M.S. (Arbitration and Mediation Service) and an arbitrator who maintains an office within 125 miles of Dayton or within the state of Ohio shall be appointed by the A.A.A. or A.M.S. under its voluntary rules upon the parties. If application of either party violates to that association, unless the agreement achieved at this step then parties mutually select an arbitrator. The arbitrator shall have no power to add to or subtract from, change, modify, or amend any of the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level provisions of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14Agreement. The award of an decision rendered by the impartial arbitrator shall be final and binding on upon the Union, its membersManagement, the employee or grievant, and all the employees involved and covered by this Agreement. Each party hereto shall pay the Employer.
Section 15. The decision expenses incurred in the presentation of its own case, the expenses incident to the services of the arbitrator shall be shared equally by the Management and the Union. The employees covered hereunder shall be bound by any decision, determinations, agreements, or settlements which may be effectuated pursuant to invoking the grievance-arbitration procedure including any determinations as to the merits or may not include “make whole” decisions with respect to back payarbitrability of a grievance, providedas shall be made by the authorized representative who is an employee covered by this Agreement handling the grievance, provided however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded that such determinations regarding arbitrability or merits shall be less any unemployment compensation received or other compensation from any source, made upon the facts with which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awardedauthorized representative is confronted.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section Step 1. A An employee and/or Union representative who has a grievance under this Agreement shall be defined as a claim of an employee, submit it to the employer, a class of employees or immediate supervisor within ten (10) working days from the Local Union, covered by occurrence on which the Agreement which involves the interpretation, administration ofalleged grievance is based, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 within ten (10) working days of the grievance procedure.
Section 2. The selection and date when the assignment employee knew of supervisory employees is the sole responsibility or should have known of the Employer and shall not be subject to the grievance procedure.occurrence, but in no event more than
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involvedStep 2. If the grievance is was not resolved, settled at Step 1 it shall may be presented in writing advanced by the Union to the Employer as provided for in Section 3 and Section 4 aboveExecutive Director or their designee within ten (10) working days of receipt of the Step 1 answer. Within three (3) days, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing Executive Director or their designee will provide a written notice to the aggrieved employeeBoard President (the Executive Director’s immediate supervisor for discussion with Supervisor) and the Union ▇▇▇▇▇▇▇ Representative that a grievance has been received specifying only the fact that a grievance was advanced and the grievant, if date the aggrieved Executive Director or their designee received notice of the grievance advancement and nothing more. A grievance meeting of the Executive Director or their designee and the employee is willing and able to attend. The discussion with the supervisor or his or her designee and/or Union representative shall be held promptly after within ten (10) working days of receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s a written grievance answer shall will be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites given within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar working days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussionmeeting.
Step 3: . If no mutually satisfactory conclusion the Union is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss dissatisfied with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting Executive Director’s resolution of the grievance, the Union may file a written grievance with the President of the Board of Directors. The President will form, and convene a meeting of, a Grievance Committee (the Grievance Committee will not be a standing committee of the Board, but will be formed only if the need arises). The Grievance Committee shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course comprised of the grievance mediation process shall following members: a) a member of the Personnel Committee to be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding mutually agreed upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against by the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision , b) a member of the arbitrator may Board of Directors, appointed by the President of the board, and c) a staff or may board member chosen by the Union filing the grievance, when possible, who does not include “make whole” decisions with respect directly or indirectly supervise the grieving employee, nor is supervised by them, nor is otherwise directly involved in the situation giving rise to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from grievance. If the Employer’s payrollUnion is unable to identify a member to sit on the Grievance Committee, the amount as awarded Personnel Committee Chair, in consultation with the Board President, shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time appoint a member of the suspension staff or termination will not be the basis for any reduction in back pay awarded.
Section 16board member willing to serve. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.The
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 111.1 Both the District and UASF agree that everyone concerned benefits from the prompt and confidential resolution of grievances. The following procedure designed to accomplish this purpose is hereby established.
11.1.1 A grievance shall mean a claim that a management employee has violated, misinterpreted, and/or misapplied a term or condition contained in this contract. Notwithstanding this definition, a bargaining unit member may file a grievance regarding a procedural violation by a fellow bargaining unit member under this Agreement Article 10 (Evaluation Procedure) or Article 12 (Complaints).
11.1.2 The grievant may first discuss the matter with the immediate superior directly or accompanied by a representative of UASF, with the object being to resolve the matter informally. The resolution agreed upon shall be defined as documented in writing and signed by the parties involved.
11.1.3 A grievance shall be presented not later than the fifteenth (15) workday after the act, occurrence, event or circumstance alleged to constitute the grievance.
11.1.4 All grievances submitted shall include a claim concise statement of the grievance, plus a brief statement of the specific acts, conduct or condition (including applicable dates) alleged to constitute the grievance and the section number(s) allegedly violated. The grievance shall also contain a statement of the remedy sought by the grievant.
11.1.5 All grievances shall be submitted in writing and shall commence at Step 1 unless the grievance arises from the action of an employeeauthority higher than the immediate superior, in which case the employer, a class of employees or grievance may be filed at the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 appropriate step of the grievance procedure.
Section 211.1.6 Time is of the essence. Since it is important that grievances be processed as rapidly as possible, the number of days stated above at each step shall be regarded as a maximum and every effort shall be made to expedite the process. The selection and the assignment of supervisory employees is the sole responsibility time limits specified may be extended only by mutual agreement of the Employer and shall parties.
11.1.7 In the event the grievance is filed on or about June 1, the time limits set forth above may be reduced by written stipulation of the parties involved so that the matter may reach final adjudication by the end of the current school year or as soon thereafter as practical.
11.1.8 The initial grievance may be amended by the grievant at any time prior to the hearing at Step One in order to set forth new matters arising from the alleged violation. The grievance may not be subject amended thereafter.
11.1.9 Failure at any step of this procedure to communicate the decision of the grievance within the specified time limits shall permit the filing of an appeal to the grievance next step of this procedure.
Section 3. All grievances 11.1.10 If a grievance hearing, at any step, is held on school time, the grievant and necessary witnesses shall be reduced released to writing on forms provided attend the hearing, with no loss of pay or sick leave.
11.1.11 The parties involved may maintain a written record or a sound recording of grievance proceedings. No such record may be contained in the personnel file of the grievant except upon request by the Uniongrievant. Neither the grievance nor any record of it, may be utilized in the evaluation reports, the promotional process, or in any recommendation for job placement, except at the option of the grievant.
11.1.12 If a grievance is adjudicated and concluded in favor of the grievant, all records, which give rise to the grievance, shall, at the option of the grievant, be destroyed. The ▇▇▇▇▇▇▇ final decision of the grievance procedure shall clearly be placed in the employee’s personnel file.
11.1.13 When two (2) or more grievances involving the same alleged violation, or which present common questions of fact and concisely state all facts which constitute law, have been submitted, the basis for District and UASF may agree that the grievance be consolidated and that they be heard at Step Two.
11.1.14 A grievance may not be submitted to arbitration unless the procedures in this article have been followed and completed.
11.1.15 No member of the unit shall be requested or required to meet with an immediate supervisor concerning any aspect of a grievance other than as outlined in this Article.
11.2 Step One
11.2.1 The grievance shall be submitted in writing and discussed with the immediate superior either by the grievant accompanied by a representative of his/her choosing, or by the grievant representing himself/herself, or by UASF on behalf of members of the bargaining unit when an alleged violation of the contract affects more that one member and has a recognizable impact upon members at more than one school, or when the alleged violation represents a question of common or general interest to many aggrieved members of the unit.
11.2.2 If the grievant represents himself/herself as permitted by Paragraph 11.1.1 above, UASF shall be given a copy of the grievance and shall specify any Article or Section of have the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims opportunity to file a violation of this Agreementstatement.
Section 4. For a grievance 11.2.3 Within ten (10) work days after receiving the grievance, the immediate superior shall investigate the grievance, including granting the grievant and/or UASF reasonable opportunity to be treated as heard, and shall render a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing decision to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, together with supporting reasons and shall forward the decision to the Employer's Human Resources representativegrievant, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representativeDepartment and UASF.
11.3 Step Two
11.3.1 Within fifteen (15) workdays after receiving the decision of Step One, the grievant may, on his/her own or through UASF, appeal the decision to the Superintendent or the Superintendent’s designee. An appeal to Step Two shall be in writing and shall be accompanied by a copy of the decision of Step One.
11.3.2 Within fifteen (15) work days after delivery of the appeal, the Superintendent or his/her designee shall investigate the grievance, including such Employer representatives as are needed or appropriate, with granting the designee(s) of the Union, the grievant, if appropriategrievant and/or UASF reasonable opportunity to be heard, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing together with the supporting reasons to the Local Union Presidentgrievant, the immediate superior, the Human Resources Department and UASF.
11.3.3 Within five (5) work days after delivery of the decision from Step Two, the grievant may file a written appeal requesting reconsideration by the Superintendent. The Superintendent or his/her designee may provide the grievant and /or UASF additional opportunity to be heard. The Superintendent or his/her designee, shall within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.ten
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement shall be defined as a claim of an employee, 9.01 The Employer and the employer, a class of employees or Union recognize that grievances may arise concerning:
(a) differences between the Local Union, covered by the Agreement which involves Parties respecting the interpretation, administration ofapplication, operation or compliance with alleged violation of a provision of this Agreement, including questions as to whether or not a matter is subject to arbitration; or
(b) dismissal or discipline of an employee bound by the Agreement. The purpose of this Article is to provide the sole method for the settlement of a grievance alleging the violation of a specific provision of this Agreement. A class action The Employer and the Union recognize that the goal of this grievance will procedure is to attempt to resolve a grievance at the earliest possible opportunity with the least amount of time and resources. Such a grievance must be initially presented at Step 2 of and processed in accordance with the grievance proceduresteps, time limits and conditions set forth herein.
Section 2. Step (1) The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee’s option), shall clearly and concisely state all facts which constitute the basis for first discuss the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s his/her immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place department head within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting occurrence of the grievance. In this first step, both parties shall make every effort to settle the dispute. If the grievance is not settled at this step, then:
Step (2) The grievance shall be reduced to writing and signed at within a further seven (7) calendar days by:
a) recording the grievance mediation session. Any on the appropriate grievance which is withdrawn shall be done so in writing and signed at form, setting out the grievance mediation session. Any discussions held in the course nature of the grievance mediation process and the circumstances from which it arose;
b) stating the article of the Agreement infringed upon or alleged to have been violated and the remedy or correction required;
c) the grievance shall be considered “off signed by the record” employee and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief a Shop ▇▇▇▇▇▇▇ who will promptly arrange a meeting or Union Committee member;
d) the supervisor shall acknowledge receipt of the written grievance by signing and dating the grievance form at the Step 2 level time the grievance is presented; and
e) within seven (7) calendar days of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours receipt of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its membersgrievance, the employee supervisor or employees involved the department head shall give his/her written reply. If the grievance is not settled at this step, then;
Step (3) The Union Committee and the Employer.
Section 15, or its delegate, shall meet within twenty-one (21) calendar days or other mutually agreed to time to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The decision findings or decisions of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded Employer shall be less any unemployment compensation received or other compensation from any source, which presented to the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time Union in writing within seven (7) calendar days of the suspension or termination will meeting. If the grievance is not be settled at this step, either party may refer the basis for any reduction in back pay awardedgrievance to arbitration within a further twenty-one (21) calendar days.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1When the dispute cannot be settled by the informal dispute resolution procedure it shall be deemed to be a grievance. A grievance under this Agreement shall be defined as is a claim of an employee, the employer, a class of employees or the Local Union, covered by the Agreement which involves dispute regarding the interpretation, administration ofapplication, operation, or compliance with a specific provision alleged violation of this Agreement, or the dismissal or discipline of an employee covered by this Agreement. A class action Should a grievance arise between the Employer and an employee covered by this Agreement the grievance will be initially presented at resolved in the following manner:
(a) Step 2 1 - The employee and/or the Union representative shall present the grievance in writing, electronically, in person, or by fax to the employee’s Nurse Manager with a copy to the Labour Relations Officer within twenty-five (25) days after the date of the grievance procedure.
Section 2Supervisor’s response at the informal step as set out in Article 7.01. At the request of either party, the Nurse Manager shall arrange a meeting or teleconference to discuss the grievance. The selection and employee shall have the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject right to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The have a ▇▇▇▇▇▇▇ or Union representative present at such a discussion. The Nurse Manager shall clearly give a decision in writing to the employee and concisely state all facts which constitute the basis for Union within ten (10) days after the grievance and has been filed.
(b) Step 2 - If the dispute is not settled at Step 1, the grievor and/or the Union representative shall specify any Article submit the grievance in writing or Section electronically to the Senior Manager or designate within ten (10) days of receipt by the Union of the Agreement which may be involvedStep 1 answer. At the request of either party, the Senior Manager or designate shall arrange a meeting or teleconference with the Union to discuss the grievance. The grievance form employee(s) shall be dated and signed by have the right to have a ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the or Union representative and the aggrieved employee must attempt to resolve present at such a grievance by first discussing it with the supervisor involvedmeeting. The Senior
(c) Step 3 - If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved remains unresolved at Step 2, the parties matter may mutually agree be submitted to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight Arbitration within sixty (8) unresolved grievances which have arisen.
a.60) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement days of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against date the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from receives the Employer’s payrollresponse at Step 2.
(d) In determining the time in which any step under the foregoing proceedings is to be taken, the amount as awarded Saturdays, Sundays and recognized holidays shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16excluded. The arbitrator shall have no authority to alter, amend or change time limits for the initial filing of grievances under Article
(a) are mandatory. Other time limits established in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the AgreementArticle are directory.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. 8.01 A grievance under this Collective Agreement shall be defined as a claim difference or dispute between the Employer and any Employee(s) or the Union. The Union and Employer agree that it is the mutual desire of the parties that grievances should be dealt with as quickly as possible.
8.02 At the time formal discipline is imposed, an employeeEmployee is entitled to be represented by her or his union representative. In the case of suspension or discharge, the employerEmployer shall notify the Employee of this right in advance.
8.03 All Grievances shall identify the provisions of the Collective Agreement alleged to have been breached and shall contain a statement of the facts giving rise to the grievance and a statement of the remedies sought. All grievances shall be filed in accordance with the procedure outlined in this Article, and on the prescribed Union form, which shall be appended to this Collective Agreement.
8.04 Grievances properly arising under this Collective Agreement shall be adjudicated and settled as follows: Such complaint shall be discussed with her or his immediate supervisor or delegate as soon as reasonably possible. If there is no settlement through discussion it shall then be taken up as a class grievance in the following manner and sequence: If the Union considers the complaint of employees the employee justified to be a grievance it shall file a grievance within 5 days of giving rise to the occurrence to the Director or designate. The Bargaining Unit President and the Local Employee(s) concerned, shall meet as promptly as possible with the Director or their designate and such other persons as the Director or designate may desire, to consider the grievance. The Director or designate shall render, in writing to the Union, covered by the Agreement which involves decision of the interpretationEmployer with regard to the grievance within ten (10) days following the meeting. If the decision is not satisfactory to the Union, administration of, or compliance with a specific provision of this Agreement. A class action the grievance will shall be initially presented at Step 2 Two as follows: Within seven 7 days after the decision is given under Step One, the Union must submit the grievance, in writing, providing all details to the Executive Director or designate. Bargaining Unit President, the Employee(s) concerned and a representative of the Union, shall meet as promptly as possible, but within fourteen (14) days with the Executive Director or designate to consider the grievance. The Employer will within ten (10) days following the meeting, provide a written response to the Union. If the Union is not satisfied with the response of the Employer, it shall within twenty (20) days following receipt of the Employer’s response notify the Employer in writing should it want to submit the grievance to arbitration.
8.05 A claim by an Employee who has completed her or his probationary period that she or he has been unjustly discharged shall begin the grievance procedure at Step 2.
8.06 Where a dispute involving a question of the application or interpretation of this Collective Agreement occurs, a grievance may be submitted in writing to the Executive Director or their designate by a representative of the Union or vice versa. The parties shall meet within ten (10) days to consider the grievance and failing settlement of the grievance procedureeither party may submit it to arbitration within twenty (20) days following the meeting.
Section 2. 8.07 The selection and the assignment termination of supervisory employees is the sole responsibility of the Employer and a probationary employee shall not be subject to a grievance provided the grievance proceduretermination is not arbitrary, discriminatory or for exercising their rights under the collective agreement.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. 8.08 The ▇▇▇▇▇▇▇ shall clearly Union and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties agree that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may mentioned in the grievance procedure shall only be changed at any Step extended by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual written agreement in writing signed by between the parties.
Section 11. If a grievance cannot be resolved at Step 28.09 Any reference to days in this Article shall exclude Saturdays, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisenSundays and Statutory Holidays.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. 04.01 A grievance under this Agreement shall be is defined as a claim of complaint by an employee, the employer, employee that a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific particular provision of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2Agreement has been violated, or any non-contractual disagreement between any employee and management. The selection grievance and the assignment of supervisory employees is the sole responsibility of the Employer arbitration procedure set forth herein, and any other such procedure shall expire, become null and void, and shall not be subject to enforceable after the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation expiration date of this Agreement.
Section 4. For 04.02 If a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolvedarises, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed handled in the following manner:
Step 1: Grievances a) Disciplinary action by the Employer shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and taken within seven fifteen (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (515) calendar days after the Step 1 discussion.
Step 2: Employer becomes aware of the act of omission which is the basis for the disciplinary action. Any employee having a grievance shall first discuss the matter with the immediate supervisor. If no mutually acceptable conclusion it is reached in Step 1not settled promptly, the grievance shall then Employee may grieve as follows:
b) The grievant or his representative must set forth in writing the facts involved and the specific provision(s) of the Agreement (if any) alleged to be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites violated within ten fifteen (1015) calendar days after the receipt employee knew or should have known of the event giving rise to the grievance. This written grievance shall be signed by the Union ▇▇▇▇▇▇▇ Employee and/or his representative, and shall be submitted to the Employer. Within fifteen (15) calendar days after receipt of the written grievance, the Employer’s representative shall answer derived from the Step 1 discussion. The matter shall be investigated and discussed by grievance in writing.
c) If the Human Resources representative, answer of the Employer or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of its representative is not acceptable to the Union, the grievant, if appropriate, and if grievance shall be appealed to the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) Human Resource Director in writing no later than 14 calendar days of after the request unless mutually waivedEmployer’s answer. The Human Resources representative, Resource Director or designee, shall render his/her designee will meet with the Business Representative of the Union or his/her designee as early as practicable but within 30 days of mailing of the written appeal by the Union. The parties will mutually agree on a decision date and time for the meeting. A meeting at any step of the procedure may be recessed or reconvened at a later date if the Parties mutually agree. Either party may bring persons to the meeting to aid in the resolution or discussion of the grievance. The Human Resource Director will provide an answer in writing within 14 calendar days after the meeting.
d) If said answer is not acceptable to the Local Union PresidentUnion, or designee, within fourteen the grievance (14) calendar days if it pertains to the alleged violation of a particular provision of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, Agreement) may be submitted to Arbitration if either party submits written Notice of Intent to this Agreement shall give notice of its desire to arbitrate the grievance Arbitrate by sending a letter to the Federal Mediation and Conciliation Service (FMCS) Certified Mail within forty-five (45) calendar days after receipt the date of the Step 2 Employer’s answer. While Arbitration of the dispute is pending, which:
a.) requests arbitration identifying the grievance and including whatever forms are required (if it pertains to the alleged violation of a particular provision of this Agreement) will be submitted to mediation pursuant to the below procedures upon the request of either party.
e) Failure of either party to comply with the time limits specified herein shall be construed to be an abandonment of the position taken on the grievance by the Mediation Service; and
b.) requests party failing to comply with said time limits. The time limits set forth in this Article may be waived only and without exception by written mutual agreement between the Mediation Service to send to each party a list of seven (7) names of arbitratorsparties.
Section 7. No later than fourteen (14f) calendar days following receipt By mutual written agreement of the copy of employer and the listsemployee as represented by the union, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first grievances may be made by filed at the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediatelyappropriate advanced step. Grievances may be entertained withdrawn at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual written agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then parties agree in writing, the other party may move the matter immediately to arbitrationwithdrawal of a grievance shall set no precedence for future practices or grievances.
Section 12g) The union may request from the employer copies of the specific documents relative to the grievance under consideration. Any grievance which Such request shall not be denied so long as (A) The request is made in a timely way giving the Employer may have against employer reasonable time to locate and copy such documents; (B) The request does not pertain to documents considered confidential by law or constitute an unwarranted violation of privacy as defined under the Union freedom of information act. However, if the concern regarding confidentiality or privacy can be reasonably resolved by redacting documents or obtaining appropriate consent, the requested documents shall be reduced provided. If a dispute arises due to writing privacy of confidentiality concern, the department head or their delegate, the union and submitted the State’s Attorney or Assistant State’s Attorney shall meet to resolve the dispute.
4.03 Union business shall be handled by Stewards or other Union members only while off duty, unless mutually agreed otherwise, or pursuant to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedureprocedures set forth in Article Ten, below.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement shall be defined as a claim of a) Informal Step: As an employeeinformal step, the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection employee is to meet and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The make an ▇▇▇▇▇▇▇ effort to resolve the grievance directly with their immediate supervisor.
b) Step One: At this step, notice in writing of the grievance must be filed with the department manager, within fourteen (14) days after the occurrence of the alleged grievance or of the date on which the employee first has knowledge of it. The notice in writing shall briefly but clearly describe the nature of the incident or occurrence which gave rise to the grievance, and it shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section provision of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5has been violated. Any time limit imposed upon meeting between the handling of grievances shall commence on Parties at this step must involve the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolvedemployee, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union her Shop ▇▇▇▇▇▇▇ and the grievant, if department manager or another person designated by the aggrieved employee is willing and able to attendEmployer. The discussion with the supervisor or his or her designee shall be held promptly after receipt of Employer's representative must answer the grievance and in writing within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
c) Step 2Two: If no mutually acceptable conclusion is reached in Step 1, In the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree event that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting resolution of the grievance, satisfactory to the Union and the Employer, does not result at Step One, an attempt to resolve the grievance shall be reduced to writing and signed at made between the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearingemployee, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange and/or a meeting at Union representative and a person or persons designated by the Employer. This step must be taken by notice in writing within seven (7) days of the date on which the written answer was delivered in Step 2 level One. The Parties shall meet to discuss the grievance within ten (10) days of the date the written notice was submitted pursuant to this procedurestep. The Employer's representative must answer the grievance in writing within seven (7) days of the meeting.
Section 13. A d) In the event that a resolution of the grievance, satisfactory to the Union and Employer, does not result at Step Two, either the Union or the Employer may advance the grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction Single Arbitrator as outlined below. This step must be taken by notice in the work force shall be reduced to writing within seventy-two seven (727) hours days of the Local Union's receipt date of written notice completion of Step Two.
e) Prior to proceeding as outlined in (d) above, either party may choose to utilize Section 87 of the discharge or notice Labour Relations Code of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision B.C. Notification of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period use of an employee’s separation from the Employer’s payroll, the amount as awarded shall Section 87 must be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at within the time of the suspension or termination will not be the basis for any reduction limits set out in back pay awardedparagraph (d).
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1It is understood that an employee and his or her immediate supervisor are expected to work together toward resolving any difference that may develop. A However, there will be occasions when the grievance under procedure will be required to resolve differences between the parties to this Agreement agreement on matters of wages, hours, and other conditions of employment. As used in this Agreement, a Grievance shall be defined as a claim of or dispute by an employee, the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be employee subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Unionprovisions and contained therein. The ▇▇▇▇▇▇▇ shall clearly issue grieved must relate to a specific provision. Each written grievance must state the Article and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section section of the Agreement which may be involvedthat the action of Management is alleged to have violated and the remedy requested to resolve the grievance. The grievance form In such cases, the following procedures shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreementfollowed: Section 1.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances . Whenever an employee believes that he or she has a grievance the employee shall present the matter verbally to his or her supervisor. In such cases, the employee may be presented in writing to the aggrieved employee’s immediate supervisor for discussion with accompanied by the Union ▇▇▇▇▇▇▇ and the grievant, if immediate supervisor may request the aggrieved employee is willing and able to attendattendance of another supervisor at this first step.
Step 2. The discussion with the supervisor or employee, his or her designee union representative, the appropriate Supervisor and the employee’s Superintendent shall be held promptly after receipt of constitute the Parties to the grievance and within seven (7) calendar daysprocedure at this second step.
Step 3. The supervisor or designeeemployee, the employee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1▇, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, Local Union President or designee, which individual shall handle second one (1) additional representative of the Local and a representative of Ohio Council 8, along with the Department Director and his or her appropriate representatives will meet at the third step grievances for all sites of the procedure within ten (10) calendar working days after of the grievance being advanced to this step.
Step 4. NON-DISCIPLINARY GRIEVANCES - Should the issue be yet unresolved, the written grievance, if it pertains to a matter not involving the disciplinary suspension or dismissal of an employee, may, within ten (10) working days of receipt of the Director’s response, be advanced to the City Manager or his or her designee. Within ten (10) working days following issuance by an employee’s Appointing Authority of an order of suspension or dismissal, appeal of such order may be taken with the filing by the employee of a grievance at the fourth step of the procedure. Notice of the grievance shall be filed with the Office of the City Manager with copy to the Appointing Authority and the Civil Service and Personnel Director. Within seven (7) working days of receipt of the notice of a grievance appeal, advancing any issue to Step 4 of the grievance process, the Parties shall meet in an effort to resolve the grievance. Said meetings shall involve the City Manager or his or her designee, the Department Director of the aggrieved employee, the Civil Service and Personnel Director or his or her designee, the employee, the employee’s Union ▇▇▇▇▇▇▇ ▇, the president of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representativeLocal, or his designee, including such Employer representatives as are needed or appropriate, with the designee(sone (1) additional representative of the UnionLocal, and a representative of Ohio Council 8 appearing on behalf of the employee. Following hearing of the matter, the grievantCity Manager or his or her designee shall submit his or her written determination within fifteen (15) working days. Should the grievance be yet unresolved at Step 4, if appropriatethe Union may, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven twenty-five (725) calendar days of receipt of the request unless mutually waivedCity Manager’s determination, file notice with the Office of the City Manager, of its intent to submit the grievance to binding arbitration. The Human Resources representativePrior to the arbitration, the parties may agree to attempt to resolve the issue through mediation with a mediator provided by SERB or FMCS. Should the parties decline mediation, or designeeshould the mediation prove unsuccessful, the parties shall render then refer a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter written request to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party for a list listing of seven (7) names arbitrators from the local metropolitan area. The parties may mutually agree to an alternate panel for arbitrators or to select/appoint an arbitrator or mediator. The selection of arbitrators.
Section 7a single arbitrator shall be by an alternating strike-off method. No later than fourteen (14) calendar days following receipt The Arbitrator so selected shall hold a hearing as expeditiously as possible within the confines of the copy Arbitrator’s schedule, unless otherwise mutually agreed upon by the Parties. It shall be held at a time and place convenient to the Parties. The Arbitrator shall take such evidence as in his or her judgment is appropriate for disposition of the lists, a representative dispute. Statements of each party shall alternately strike a name until one name is left. The determination of who strikes first position may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators Parties and request one additional panel.
Section 8. Any grievance not answered within the specified time periods witnesses may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month called for the purpose of mediating up sworn testimony. The Arbitrator shall expressly confine himself to eight (8) unresolved grievances the precise issue for arbitration and shall have no authority to determine any other issue not so submitted to him which is not directly essential in reaching the determination. The Arbitrator hereunder shall neither add to, detract from, nor modify the language of this Agreement. The Arbitrator shall have arisen.
a.) Grievance mediation sessions no power to recommend any right or relief for any period of time prior to the effective date of this Agreement. The decision of the Arbitrator shall be scheduled at least twelve (12) months enforceable in advance and every effort will be made such manner as arbitration awards are customarily enforceable in accordance with O.R.C. 4117.09 as amended from time to use a regular day each monthtime or any subsequently enacted state statute of similar intent. Grievance mediation sessions may only be cancelled by the mutual agreement The decision of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator Arbitrator shall be final and binding on upon Parties and shall be submitted in writing within thirty (30) calendar days after the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision conclusion of the arbitrator may hearing or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time submission of the suspension parties’ post-hearing briefs to the Arbitrator, whichever is later. Each party shall pay its own expenses as to record transcription costs, witness or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.deposition
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement 11:01 The Employer and the Union agree that grievances and complaints shall be defined as settled promptly. Should a claim of an employee, dispute or a grievance arise between the employer, a class of employees or Employer and the Local Union, covered by the Agreement which involves employee regarding the interpretation, administration ofmeaning, operation or compliance with a specific provision application of this Agreement. A class action , including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, such dispute or grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances or question shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion dealt with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:: An employee or employees having a grievance or complaint shall first present the same in writing to their Union Administrative Committee Member.
Step 1: Grievances The employee or employees concerned together with their Union Administrative Committee Member or Chairperson shall, within such employee's next five (5) working days after such grievance or complaint has arisen, reduce to writing citing the alleged violations and the particulars of the situation giving rise to the grievance to their immediate supervisor who shall be presented reply in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar working days after immediately following presentation of such grievance or complaint. In the case of grievances arising out of the Job Posting Procedures set forth in Article 10 of the within Collective Agreement, employees having grievances related to their failure to obtain a posted position(s) shall submit their grievance in the first instance at the Step 1 discussion.
3 level. A copy of the written grievance will also be delivered to the Employee Relations Manager. Step 2: If no mutually acceptable conclusion is reached in Failing settlement under Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designeegrievor shall, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (455) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar working days following receipt of the copy of supervisors's decision, refer the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed or complaint in writing to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step appropriate Administrative Director or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief Academic ▇▇▇▇. The Administrative Director or Academic ▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held designate accompanied by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator Employee Relations Manager shall have no authority arrange to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance meet with the terms of the Agreement.grievor within five
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1The purpose of this grievance procedure is to establish effective machinery for the fair, expeditious, and orderly adjustment of grievances. A Grievances within the meaning of this procedure shall consist of all disputes about interpretations and applications of particular clauses of this agreement, and about alleged violations of this agreement. Other grievances not relating to this contract may be submitted and can be processed through Step 3 of this grievance under this Agreement procedure. Employees may file grievances only on their own behalf or a union ▇▇▇▇▇▇▇ or officer may file on behalf of the union or an aggrieved employee. Grievances must be filed within twenty-one (21) calendar days after the last event giving rise to the grievance. Grievances shall be defined presented as a claim of an employee, the employer, a class of employees follows:
A. Step 1 Employees may talk with their ▇▇▇▇▇▇▇ or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Uniontheir immediate commanding officer during their shift. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for and/or employee may then discuss the grievance and with the officer and/or commanding officer in charge. Officers and/or commanding officers, upon receiving a grievance, shall specify any Article have fourteen (14) calendar days in which to submit their answer orally. Officers and/or commanding officers shall consult with the chief before answering the grievance, unless the Chief is unavailable; in which case the officer and/or commanding officer will give an answer orally.
B. If the grievance is not satisfactorily disposed of, the aggrieved employee (a ▇▇▇▇▇▇▇ or Section union officer may be the aggrieved employee on behalf of the Agreement which may be involvedUnion) shall submit it in the required written form to the Chief, within fourteen (14) calendar days. The grievance form Chief, or in the Chief's absence, a designated representative, shall make arrangements for a meeting to be dated held within (14) calendar days of the receipt of the appeal of the grievance. The meeting shall include the Chief or a representative of the Chief and signed by the employee, the ▇▇▇▇▇▇▇ and/or union officer. The union representatives may meet for fifteen (15) minutes immediately prior to the joint meeting. The Chief shall review the case and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to an answer shall be treated as a valid one, it must be placed on the written form and presented to an Employer the employee and union representative in writing, as described in Section 3, within twenty (2014) calendar days after the discussion with the Supervisor involved as outlined in Section 6 belowscheduled meeting.
Section 5. Any time limit imposed upon C. Step 3 If the handling of grievances shall commence on Chief's answer is unsatisfactory to the date of receipt. Any time limit so imposed employee, there shall be interpreted as calendar days.
Section 6a right to appeal to the Director, Human Resources. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it Appeals shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt office of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) by a representative of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end Chief’s answer. The date and hour of Step 2, either party to this Agreement such a presentation shall give notice of its desire to arbitrate be endorsed upon the grievance form by sending Human Resources staff. The Director, Human Resources, or an authorized representative, shall, make arrangements for a letter meeting to the Federal Mediation and Conciliation Service (FMCS) be held within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following after the receipt of the copy appeal. Said meeting shall be attended by the Director of Human Resources or someone acting in the Director’s capacity, and by the aggrieved employee's representative(s) of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of union signing the grievance, shall and may also be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course attended by appropriate officials of the grievance mediation process shall be considered “off City and the record” Union. The Union representative(s) and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party employee may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted meet for thirty minutes prior to the meeting. The Chief ▇▇▇▇▇▇▇ who will promptly arrange shall be allowed necessary time off with pay to investigate the nature and circumstances surrounding the grievance. The Director Human Resources or someone acting in the Director’s capacity shall, mail a meeting written answer to the Union representative(s) signing the grievance and to the aggrieved employee within fourteen (14) calendar days after the meeting. In lieu of mailing an answer, at the Step 2 level Director of this procedureHuman Resources’ discretion, the grievance may be submitted to a member of the American Arbitration Association (who is agreeable to both parties). In such a case, the decision of the arbitrator shall be binding upon both parties.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours D. Step 4 If an answer of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known Director, Human Resources is unsatisfactory to the Local Union, and the Executive Board decides to take the matter to arbitration, the Union must notify the Director, Human Resources of its intention to appeal the grievance to arbitration within fourteen(14) calendar days after the decision has been received. The grievance may be submitted to a mutually agreeable arbitrator. If the parties are unable to agree as to an arbitrator, the services of the American Arbitration Association shall be submitted at Step 2 used in making a selection. Provided, however, submission to a mutually agreeable arbitrator or to the American Arbitration Association must be in writing within thirty (30) calendar days after the notice of this procedure.
Section 14. The award of an arbitrator shall be final and binding on appeal has been timely filed with the UnionDirector, its members, the employee or employees involved and the Employer.
Section 15Human Resources. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awardedbinding on both parties.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under 12.01 The parties to this Agreement recognize the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall be defined as a claim of an employee, the employer, a class of employees process their grievances and receive settlement thereof.
a. The Hospital or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance procedureas set out below.
Section 3. All grievances shall be reduced to writing on forms provided 12.03 Step 1 The employee will, accompanied by the Union. The a ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for or an OPAA representative if desired, submit the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s their immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waivedsupervisor's unsatisfactory reply. The Human Resources representativegrievance shall identify the nature of the grievance, or designeethe remedy sought, shall render a and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing to within seven (7) calendar days following the Local Union Presidentdate the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, or designee, it may be filed with the Hospital at Step 2 within fourteen seven (147) calendar days of the decision under Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) 1 or within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names calendar days of arbitrators.
Section the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. No later than fourteen The Hospital shall notify the grievor and the Association of its decision in writing within nine (149) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this proceduremeeting.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement shall be defined as a claim of an Step 1 The employee, the employerwith or without a union representative, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For file a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 aboveimmediate supervisor (first level of management) to whom the employee reports, within fourteen (14) calendar days from the occurrence or the time when the employee should reasonably have been aware of the occurrence giving rise to the grievance. The grievance shall set forth the employee’s complaint, the provision(s) of this Agreement allegedly violated, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to requested remedy. Upon receipt of the aggrieved employee’s grievance, the immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after acknowledge receipt of the grievance and within seven (7) calendar dayspropose meeting dates via email to the employee and the designated union representative. The immediate supervisor or designee’s written answer shall be made available to meet with the Union ▇▇▇▇▇▇▇ within five employee and union representative(s) and shall respond in writing no later than fourteen (514) calendar days after from the Step 1 discussiondate the grievance was filed.
Step 2: 2 If no mutually acceptable conclusion the grievance is reached in Step 1unresolved, the employee, with or without a union representative, may advance the grievance shall then be presented, in writing, to the Employer's Human Resources representative, appropriate administrator or designee, which individual shall handle second step grievances for all sites designee within ten fourteen (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (714) calendar days of receiving the request unless mutually waivedStep 1 response. Upon receipt of the grievance, the administrator or designee shall acknowledge receipt of the grievance and propose meeting dates via e-mail to the employee and designated union representative(s). The Human Resources representative, administrator or designee, designee shall render a decision meet with the grievant and union representative(s) and shall respond in writing to the Local Union President, or designee, within fourteen (14) calendar days of the date the Step 2 discussionresponse was filed.
Step 3: 3 If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending is unresolved, the employee, with or without a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answerunion representative, which:
a.) requests arbitration identifying may file the grievance and including whatever forms are required by with the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than Hospital CEO or designee within fourteen (14) calendar days following of receiving the Step 2 response. Upon receipt of the copy grievance, the CEO or designee shall acknowledge receipt of the lists, a representative of each party shall alternately strike a name until one name is leftgrievance and propose meeting dates via email to the employee and designated union representative(s). The determination of who strikes first may be made by the coin toss CEO or designee will meet with the loser making grievant and union representative(s) and shall respond in writing within fourteen (14) calendar days of the first strike. The remaining name shall be date the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panelStep 3 response was filed.
Section 8. Any grievance not answered Step 4 If the issue is unresolved, the Union may, within fourteen (14) days of receiving the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties CEO's decision in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to request non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made through the Federal Mediation or Conciliation Service, or proceed directly to FMCS arbitration in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisenaccordance with 8.6 below.
a.) Grievance Step 5 If Hospital does not agree to mediation sessions shall be scheduled at least twelve (12) months or if mediation does not result in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting resolution of the grievance, shall be reduced the Union may, within fourteen (14) days of Hospital’s decision not to writing and signed at participate in mediation or within fourteen (14) days of the mediation session, provide written notice to the CEO or designee of its intent to arbitrate the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitrationaccordance with 8.F below.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under (a) Any complaint, disagreement or difference of opinion between the Employer, the Union or the employees covered by this Agreement Contract, which concerns the interpretation or application of the terms and provisions of this Contract, shall be defined as considered a claim of an employee, grievance and the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance following procedure will be initially presented at Step 2 of the grievance procedureapply.
Section 2(i) The employee involved shall either by himself or with the Shop ▇▇▇▇▇▇▇, take the matter up with the Shop or Yard Superintendent. The selection and If the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The Shop ▇▇▇▇▇▇▇ shall clearly is not available or does not take up the grievance, the employee may phone the Union, and concisely state all facts which constitute have the basis for Business Agent take up the grievance and shall specify any Article or Section of for him, after the Agreement which may be Business Agent discusses it with the Shop ▇▇▇▇▇▇▇ if he is involved. The grievance form shall be dated and signed by In the case of a Company grievance, the applicable Superintendent may take up the matter with the employee involved and/or the Shop ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreementfailing to resolve the matter shall call the Union office.
Section 4. For a (ii) If the matter is not resolved at Step (i) the party taking up the grievance (i.e. the Union or the Company) shall then put the grievance in writing and send same to be treated as a valid onethe top Officer of the opposite party, it must be presented and the two (2) parties shall meet and attempt to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days settle the matter after the discussion with initial meetings of the Supervisor involved as outlined in Section 6 below.
Section 5Union Representatives and the Warehouse Superintendent. Any time limit imposed upon grievance which is not presented within fourteen (14) days following the handling of grievances shall commence on the date of receipt. Any time limit so imposed event giving rise to such grievance, shall be interpreted as calendar days.
Section 6. It is understood forfeited and waived by the parties that the Union representative and the aggrieved party. This provision shall not be used to deny any employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee rights under the Provincial Labour Statutes.
(iii) If no solution is concluded by Step (ii), the question shall be held promptly after receipt of the grievance and within seven (7) calendar dayssubmitted to Arbitration. The supervisor or designee’s written answer Arbitration Board shall be made available up of three (3) persons, one (1) appointed by the Employer and one (1) appointed by the Union; the third member and Chairman to be selected by the appointees of the parties. Should the first two (2) members fail to select a Chairman and third member, application may be made by either party to the Union ▇▇▇▇▇▇▇ Labour Relations Board to appoint a person to be Chairman and third member. The first party appointing a member for the Arbitration Board shall make its appointment within five (5) calendar days after of the Step 1 discussionservice of such notice upon it. The decision of a majority of the Arbitration Board shall be the decision of the Board and the parties shall be bound thereby. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer, and shall make such independent investigations as it deems essential to a full understanding and determination of the issues involved. In reaching its decision, the Arbitration Board shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter any of the terms of this contract. All grievances submitted shall present an arbitrable issue under this contract, and shall not depend on or involve an issue or contention by either party which is contrary to any provision of this contract, or which involves the determination of a subject matter not covered by or arising during the term of this contract. It is the intention of the parties that this Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Article. The expenses of the Chairman shall be borne equally by the parties to the Arbitration.
Step 2: (c) If no mutually acceptable conclusion any employee is reached in Step 1discharged and the Union alleges such employee has been wrongfully discharged, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by taken up through the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with Grievance Procedure. In the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render event that a decision is made to reinstate any employee, he or she shall receive pay for time lost following dismissal and prior to reinstatement, in writing an amount sufficient to make up the Local Union President, difference between any monies received by that employee for other employment and his or designee, within fourteen (14) calendar days of the Step 2 discussionher full pay.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.d) Any grievance settlementdischarged employee may, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of his discharge in writing, require the Local Union's receipt of written notice of Employer to give to him the reasons for his discharge or notice of layoff or and the Employer will give such reasons to him in writing, within seventy-two (72) hours after the events should reasonably have become known to the Local Unionof such request, and shall be submitted at Step 2 in the event of this procedure.
Section 14. The award of an arbitrator shall be final and binding on any dispute or difference as to whether or not there was proper cause for the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period discharge of an employee’s separation , only the reasons so set forth in writing shall constitute cause.
(e) If any adverse statements are to be put into any employee's personnel file, a copy of same will be given to the employee with a copy to the Union and after two (2) years from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time date of the suspension or termination will not be the basis for any reduction in back pay awardedevent giving rise to such adverse statement same shall become null and void.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1Except as otherwise set out in this Article, or as limited by Article A 10.05 , any complaint shall first be taken up verbally with the parties. A grievance under this Agreement Failing settlement of the complaint, it shall be defined taken up as a claim grievance according to the following procedure:
(a) Step 1 The grievance shall be stated in writing and shall be submitted to the Department Head with a copy to the Supervisor. The written grievance shall provide:
(i) a description of an employeethe grievance and the incident(s) from which the grievance arose.
(ii) the suggested remedy. The Department Head shall meet with the employee within five (5) working days; the employee may be accompanied by a ▇▇▇▇▇▇▇ or another Union representative. The Department Head may be accompanied by another member of the Department and a representative of Human Resources. Following the grievance meeting, the employerUniversity shall have a maximum of five (5) working days in which to present a written reply to the grievor(s) with a copy to the Union. Failing settlement, the grievance shall proceed to the next step within a maximum of five (5) working days of the University’s reply. For non-departmentalized Faculties, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented may commence at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility (b) Step 2 Step 2 shall commence upon written presentation of the Employer and shall not be subject grievance to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by ▇▇▇▇ of the UnionFaculty, or designate. The ▇▇▇▇▇▇▇ shall clearly meet with the grievor(s), and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to (or other Union representative) in an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt effort to resolve a grievance by first discussing it with the supervisor involvedgrievance. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇The ▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall designate may be held promptly after receipt accompanied by another member of the grievance Faculty and within seven (7) calendar daysa representative of Human Resources. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within Within five (5) calendar days after of the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1grievance meeting, the University shall deliver a written reply to the grievor, with a copy to the Union. Failing settlement, the grievance shall then may be presented, in writing, processed to the Employer's Human Resources representative, or designee, which individual shall handle second next step grievances for all sites within ten (10) calendar working days after the following either receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from response or expiry of the above time limit, whichever comes first.
(c) Step 1 discussion3 Step 3 shall commence upon written presentation of the grievance to the Department of Human Resources. The matter parties shall be investigated have ten (10) working days in which to meet and discussed by attempt to resolve the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within If the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2resolved, the parties may mutually agree a formal written reply to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the partiesis required. The parties agree that matter may be referred to arbitration under Article A 12 within thirty (30) days of a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisenformal reply.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under 19.01 The parties to this Agreement recognize the Stewards, and the UFCW 247 Representatives specified in Article 3, as the agents through which employees shall process their grievances and receive settlement thereof.
19.02 Neither the Employer nor the Union shall be required to consider or process any grievance which arose out of any action or condition more than seven (7) days after the subject of such grievance occurred. If the action or condition is of a continuing or recurring nature, this limitation period shall not begin to run until the action or condition has ceased. The limitation period shall not apply to differences arising between the parties hereto relating to the
19.03 A “Policy Grievance( is defined as a claim of an employee, the employer, a class of employees or the Local Union, covered by the Agreement one which involves a question relating to the interpretation, application or administration of, or compliance with a specific provision of this Agreement. A class action grievance will Policy Grievance may be initially presented at submitted by either party to arbitration under Article 20 by-passing Step 2 of the grievance procedure.
Section 1 and Step 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances Such Policy Grievance shall be reduced to writing on forms provided signed by the Union. The a ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute ▇, or a UFCW 247 Representative, or in the basis for case of an Employer(s Policy Grievance, by the grievance and shall specify any Article Employer or Section of the Agreement which may be involved. The grievance form shall be dated and his representative.
19.04 A “Group Grievance( is defined as a single grievance, signed by the a ▇▇▇▇▇▇▇ and ▇, or a UFCW 247 Representative on behalf of a group of employees who have the same complaint. Such grievance must be dealt with at least one employee who claims a violation successive stages of this Agreementthe Grievance Procedure commencing with Step 1. The grievers shall be listed on the grievance form.
Section 4. For a grievance to be treated as a valid one, it must be presented to 19.05 Step 1 If an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt has been unable to resolve a difference in direct discussion with his immediate supervisor, he shall submit a written grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s his immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar daysdays of the act or condition causing the grievance. The This supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, will deal with the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within not later than seven (7) calendar days of following the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate day upon which the grievance by sending a letter to is submitted and will notify the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost griever and the expense Union Representative of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties his decision in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement shall be defined as a claim of an employee, the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, Failing settlement at the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites informal complaint stage and within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy notification of the listsdecision, the grievor has the right to present a representative writ- ten grievance to the Chair/Director (or designate) of each party shall alternately strike a name until one name is lefther/his Department. The determination of who strikes first Chair/ Director (or designate) and the employee’s supervisor may be made by the coin toss meet with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring themgrievor, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a or Assistant Chief ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇ and/or Union designate within ten (10) days to discuss the grievance. The Chair/Director (or designate) shall deliver her/his decision in writing to the grievor and the Union within ten (10) days of that meeting. If no meeting at takes place, the decision shall be delivered, in writing, to the grievor and the Union within ten (10) days of the presentation of the grievance to the Chair/Direc- tor (or designate). A copy of the written grievance, when received, shall be forwarded by the Department to Employee Relations, Human Resources Division.
Step 2 level Failing settlement of this procedurethe grievance at Step 1 and within ten (10) days following receipt of notification of the deci- sion of the Chair/Director (or designate), the grievor has the right to present the written grievance to the ▇▇▇▇ (or designate) of her/his College. The ▇▇▇▇ (or designate) may meet with the grievor, Chief ▇▇▇▇▇▇▇ or Assistant Chief ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇ and/or Union designate within ten (10) days to discuss the grievance. The ▇▇▇▇ (or des- ignate) shall deliver her/his decision in writing to the grievor and the Union within ten (10) days of that meet- ing. If no meeting takes place, the decision shall be delivered, in writing, to the grievor and the Union within ten (10) days of the presentation of the grievance.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours Step 3 Failing settlement of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted grievance at Step 2 and within ten (10) days following receipt of this procedure.
Section 14notification of the deci- sion under Step 2, the grievor has the right to present the written grievance to the Manager, Employee Relations (or designate). The award Manager, Employee Relations (or designate) shall convene a meeting within ten (10) days with the grievor, Chief ▇▇▇▇▇▇▇ and/or Assistant Chief ▇▇▇▇▇▇▇ and/or ▇▇▇▇▇▇▇ and/or Union designate. With reasonable notice to the other Party prior to the meet- ing, either Party may have others attend who have infor- mation relevant to the specific grievance. The Manager, Employee Relations (or designate) shall reply in writ- ing within fifteen (15) calendar days of an arbitrator shall be final that meeting. Failing settlement of the grievance, the grievor and binding on the Union, its memberswithin fifteen (15) days of such decision, have the right to demand in writing that the matter be taken to arbitration in accordance with the procedure set out hereunder.
(a) The time limits in both the grievance and arbitra- tion procedure may be extended only by mutual written consent of both Parties to this Agreement. Similarly, no step in the complaint/grievance pro- cedure may be waived without mutual written consent of both Parties to this Agreement. Where no answer is given within the time limit specified, the employee or employees involved and grieving Party shall be entitled to submit the Employergrievance to the next step of the Complaint/Griev- ance Procedure. Should the grieving Party exceed the above time limits, the grievance shall be con- sidered to have been abandoned.
Section 15. The decision (b) No grievance may be submitted to arbitration which has not been properly carried through all requisite steps of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awardedComplaint/Grievance Procedure.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 18.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. A The employee or Union shall first discuss any individual complaint informally with the Director of Resident Care or designate at the first opportunity.
8.02 In all steps of this grievance under this Agreement shall procedure an aggrieved employee, if she so desires may be defined as accompanied by or represented by her/his union representative. At Step 1 of the grievance procedure a claim representative of the Ontario Nurses' Association may be present at the request of either party.
8.03 Should any dispute arise between the Employer and an employee, or between the employer, a class of employees or Employer and the Local Union, covered by the Agreement which involves as to the interpretation, application, administration of, or compliance with a specific provision alleged violation of any of the provisions of this Agreement. A class action grievance , the employee or union representative will be initially presented at Step 2 bring it to the attention of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject immediate supervisor to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, settle such differences within twenty ten (2010) calendar days after of the discussion with occurrence. If further action is to be taken, then within ten (10) calendar days of the Supervisor involved as outlined in Section 6 below.
Section 5discussion, the employee, who may request the assistance of her employee representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall A meeting will be interpreted as calendar days.
Section 6. It is understood by held between the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven ten (710) calendar days. The supervisor or designee’s Administrator shall give a written answer shall be made available to the Union ▇▇▇▇▇▇▇ decision within five ten (510) calendar days after of the Step 1 discussion.
Step 2: If no mutually acceptable conclusion meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is reached in Step 1arbitrable, the grievance shall then may be presented, in writing, referred to arbitration by either party. If no written notice of intent to submit the Employer's Human Resources representative, or designee, which individual shall handle second step grievances matter for all sites arbitration is received within ten (10) calendar days after the receipt by decision under Step No. 1 is received, the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter grievance shall be investigated and discussed by the Human Resources representative, deemed to have been settled or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussionabandoned.
Step 3: If no mutually satisfactory conclusion is reached at 8.04 A written grievance will indicate the end nature of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required the remedy sought by the Mediation Service; and
b.) requests grievor. Union grievances shall be set out on the Mediation Service union grievance form. Alternately, the parties may agree to send to each party an electronic version of this form and a list of seven (7) names of arbitratorsprocess for signing.
Section 7. No later than fourteen (14) calendar days following receipt of 8.05 Time limits fixed in the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first grievance and arbitration procedures may be made extended only by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by written, mutual consent of the parties in writingparties. Failure Should the Employer not respond within the time limit(s) fixed, such failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room respond shall be shared equally by the parties. All other expenses shall deemed to be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting denial of the grievance, shall be reduced to writing and signed at the . Should a grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should submitted within the parties reach agreement at various time limits specified in this stepAgreement, unless mutually extended, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately considered to arbitrationhave been settled or abandoned.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement shall be
26.1 Any grievance, defined as a claim of an employee, the employer, reasonably and suitably founded on a class of employees or the Local Union, covered by the Agreement which involves dispute involving the interpretation, administration ofapplication, or compliance with a specific provision violation of this Agreement, shall systematically follow the three (3) step grievance procedure that is outlined in this Article. A class action Any grievance will be initially presented at Step 2 filed shall refer to all provisions of the grievance procedureAgreement that are in dispute, and shall adequately set forth the facts pertaining to the alleged dispute. The legal interpretation of this Agreement is governed by the case and statutory law of the State, together with the Charter and ordinances of the City of Jacksonville.
Section 226.2 An employee having a grievance shall submit it pursuant to the following procedures:
STEP I: The employee may present his/her grievance in writing to the appropriate division chief. The selection employee and appropriate division chief will meet to discuss the assignment grievance. The employee or the appropriate division chief may request that the designated Union grievance representative be present at any discussion of supervisory employees is a Step I grievance. The Employer shall notify the sole responsibility Union within five (5) days of all grievances filed under the terms of the Employer and shall collective bargaining agreement or the Civil Service Board grievance procedure that are not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided filed by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis Discussions will be informal for the purpose of settling differences in the simplest and most direct manner. No employee will leave his/her work for the purpose of discussing a grievance and shall specify any Article or Section of without first obtaining permission from the Agreement which may be involvedappropriate division chief. The grievance form appropriate division chief shall be dated notify the employee and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid onedesignated Union representative, it must be presented to an Employer representative in writing, as described in Section 3, of his/her decision regarding the grievance within twenty ten (2010) calendar business days after the discussion with day the Supervisor involved as outlined in Section 6 belowgrievance was presented.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. STEP II: If the grievance is not resolvedsettled at the first step, it shall be presented in writing the employee and/or designated Union grievance representative may present the written grievance to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor Director/Fire Chief or his or his/her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar business days after the employee is notified of the decision at Step I or after the decision was due. The Director or his/her designee shall meet with the employee and/or the designated Union grievance representative to discuss the grievance within ten (10) business days after receipt of the grievance, unless such time is extended by mutual agreement in writing. The Director/Fire Chief, or his/her designee, shall notify the employee and the designated Union representative in writing of his/her decision within ten (10) business days of receipt of the grievance.
STEP III: If the answer from the Director/Fire Chief in Step II is not considered satisfactory by the employee, the employee and/or designated Union ▇▇▇▇▇▇▇ grievance representative may present the written grievance to the Director of Employee Services, or his/her designee, within ten (10) business days after the employee is notified of the written answer derived from decision at Step II or after the Step 1 discussiondecision was due. The matter shall be investigated and discussed by the Human Resources representativeDirector of Employee Services, or his/her designee, including such Employer representatives as are needed or appropriate, shall meet with the designee(semployee and/or the designated Union grievance representative within ten (10) business days after receipt of the Uniongrievance, unless such time is extended by mutual agreement in writing. At this meeting there will be a full disclosure of all facts relating to the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waivedgrievance. The Human Resources representativeDirector of Employee Services, or his/her designee, shall render a written decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate on the grievance by sending a letter to the Federal Mediation and Conciliation Service within ten (FMCS10) within forty-five (45) calendar business days after receipt of the Step 2 answermeeting, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party furnish a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed decision to the next Step of employee, the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any designated Union grievance will close the grievance.
Section 9. The cost representative, and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the otherUnion President.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement shall be defined as a claim of an employee, 12.01 The Employer and the employer, a class of employees or Union recognize that grievances may arise concerning:
(a) differences between the Local Union, covered by the Agreement which involves Parties respecting the interpretation, administration ofapplication, operation or compliance with alleged violation of a provision of this Agreement, including questions as to whether or not a matter is subject to arbitration; or
(b) dismissal or discipline of an employee bound by the Agreement.
12.02 The purpose of this Article is to provide the sole method for the settlement of a grievance alleging the violation of a specific provision of this Agreement. A class action The Employer and the Union recognize that the goal of this grievance will be initially presented procedure is to attempt to resolve a grievance at Step 2 the earliest possible opportunity with the least amount of the grievance proceduretime and resources.
Section 2. The selection 12.03 A grievance must be presented and processed in accordance with the assignment of supervisory employees is the sole responsibility of the Employer steps, time limits and shall not be subject to the grievance procedureconditions set forth herein.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. Step 1 The employee, with or without a Shop ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute or Union Representative (at the basis for employee’s option), will first discuss the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s their immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, department head within fourteen (14) calendar days of the Step 2 discussion.
Step 3: occurrence of the grievance. In this first step, both Parties will make every effort to settle the dispute. If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending is not settled at this step, then: The grievance will be reduced to writing within a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than further fourteen (14) calendar days following by:
(i) recording the grievance on the appropriate grievance form, setting out the nature of the grievance and the circumstances from which it arose
(ii) stating the Article of the Agreement infringed upon or alleged to have been violated and the remedy or correction required;
(iii) the grievance will be signed by a Union Representative;
(iv) the supervisor will acknowledge receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made written grievance by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators signing and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit dating the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee form at the time the grievance is presented; and
(v) within fourteen (14) calendar days of receipt of the suspension written grievance, the supervisor or termination the department head will not be the basis for any reduction in back pay awardedgive their written reply.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under For the purpose of this Agreement shall be defined as a claim of an employee, the employerAgreement, a class grievance is any difference or dispute between the Employer and the Union, an employee or group of employees concerning the interpretation or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision application of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection parties agree to make prompt and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ efforts to resolve such matters.
a. The procedure for handling a grievance pertaining to any such difference or dispute which may arise under this Agreement, shall clearly be as follows, except that grievances involving disciplinary suspensions, transfers or terminations may be taken directly to Step 3.
Step 1. The Union and concisely state all facts which constitute the basis for immediate supervisor shall attempt to resolve any disputes or differences covered by this Article at the time they arise, or as soon as practicable thereafter. In the event they are unable to resolve the issue, the grievance shall be reduced to writing by the Union and shall specify any Article submitted to the Employer’s designated representative within ten (10) business days from when the grievant knew or Section should have known of the Agreement which may be involvedfacts giving rise to the grievance.
Step 2. The grievance form All grievances, other than those concerning discharge or suspension, shall be dated and signed by the ▇▇▇▇▇▇▇ and discussed at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that Step 2 meeting between the Union representative and the aggrieved employee must attempt Employer representative, who shall not be the person who participated in Step 1 on behalf of the Employer, to resolve a grievance be scheduled within ten (10) business days of the written grievance. A written decision by first discussing it with the supervisor involvedEmployer shall be rendered within ten (10) business days of the Step 2 meeting. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days deemed resolved after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 12 meeting, the grievance Union shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites request a Step 3 meeting within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar business days of the Employer’s Step 2 written decision.
Step 3. Following a request unless mutually waived. The Human Resources for a Step 3 meeting, the Union representative and the Employer representative, who shall not be the person who participated in either Step 1 or designeeStep 2 on behalf of the Employer, shall render a meet within ten (10) business days. A written decision in writing to by the Local Union President, or designee, Employer shall be rendered within fourteen ten (1410) calendar business days of the Step 2 discussion3 meeting. For all discharge and suspension grievances, the designated Union representative and the designated Employer representative will meet within ten (10) business days of the receipt of the grievance notice in an attempt to resolve the issue.
b. All grievances not resolved at Step 3: If no mutually satisfactory conclusion is reached 3 may be submitted at the end request of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with whose decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved Union and the Employer.
Section 15. The decision demand for arbitration must be made in writing within fifteen (15) business days after receipt of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awardedStep 3 written decision.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Security Contractors Agreement, Security Contractors Agreement
GRIEVANCE PROCEDURE. Section 1. 1 A grievance under this Agreement shall be defined as a claim based upon an alleged violation of an the terms of this contract which concerns employee’s wages, hours, and working conditions. The following matters shall not be the employer, a class basis of employees or any grievance filed under the Local Union, covered by the Agreement which involves the interpretation, administration procedure outlined in this Article:
A. The termination of services of, or compliance failure to re-employ, any non-tenured teacher or probationary NCPS (See Article XII.)
B. The failure to re-employ any employee to a position on the extra-duty B-2 or B-3 schedule in years 1-4.
C. Any matter involving the contents of written employee evaluations It is expressly understood that the grievance procedure shall not apply to those areas in which the Tenure Act prescribes a procedure or authorizes a remedy (discharge and/or demotion). No grievance shall be adjusted without prior notification to the CEA and opportunity for a CEA representative to be present, nor shall any adjustment of a grievance be inconsistent with a specific provision the terms of this Agreement. A class action grievance will be initially presented at Step 2 In the administration of the grievance procedure.
Section 2. The selection and , the assignment interests of supervisory employees is the employee shall be the sole responsibility of the Employer and shall not be CEA.
D. Any matter that is related to a prohibited bargaining subject to under the grievance procedurePublic Employment Rights Act, MCL 423.201 et seq.
Section 3. All grievances shall be reduced to writing on forms provided by 2 Grievance Procedure -The following procedure is the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the exclusive means for resolving grievances:
A. PRE-GRIEVENCE PROCEDURE (required): An employee who feels there is basis for grievance shall discuss it with their supervisor or principal in an attempt to reach a satisfactory solution. Following the grievance and shall specify any Article or Section of the Agreement which initial discussion, either party may be involvedinvolve their representatives in additional discussions in order to affect an equitable solution. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this AgreementThese discussions will emphasize dispute resolution utilizing an interest-based, problem-solving process.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (201) calendar days after LEVEL ONE: In the discussion with event the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance matter is not resolved, the employee may, within ten (10) days of the alleged occurrence of the grievance, or within ten (10) days of the date it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 aboveshould have been discovered, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion file a formal written grievance with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attendprincipal. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7See Appendix C-1) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within Within five (5) calendar days after from receipt of the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1written grievance, the grievance principal or supervisor shall then be presentedrender a decision, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after Grievant and the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussionCEA. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after Upon receipt of the Step 2 answerdecision, which:
a.) requests arbitration identifying the CEA may file a grievance and including whatever forms are required by on its own behalf or on the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt behalf of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panelemployee.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under Any grievance, complaint, or dispute (except jurisdictional disputes) arising out of this Agreement involving its interpretation or application shall be defined as considered a claim of an employeegrievance and subject to resolution under the following procedure, the employerand it is further agreed that until said procedure is exhausted, a class of employees there shall be no work stoppage or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedurelockout.
Section 2. a) The selection and the assignment of supervisory employees is the sole responsibility of the Employer and Employee shall not be subject report to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The their job ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which such other business representative as may be involveddesignated by the Union, any grievance, complaint, or dispute that arises between the Employee and the Employer. The grievance form shall be dated and signed by the designated job ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer or business representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must will attempt to resolve a grievance by first discussing it with the supervisor involved. If matter, between the grievance is not resolvedparties on the job immediately.
b) Failing to agree, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union designated job ▇▇▇▇▇▇▇ or business representative shall report the matter to the Union, and the grievant, if business representative shall attempt to settle the aggrieved employee is willing matter with a Company representative.
c) Should the Union and able to attend. The discussion the Employer have a dispute or complaint with the supervisor or his or her designee shall be held promptly other party and if after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ conferring, a settlement is not reached within five (5) calendar days after working days, the dispute shall proceed to Step 1 discussiond. and shall proceed in the same manner as an Employee complaint.
Step 2: If no mutually acceptable conclusion is reached in Step 1d) In the event the matter cannot be adjusted by the method set forth above within five (5) days, the grievance shall then be presented, in writing, Union will present the matter to the Employer's Human Resources representativeExecutive Director of the AGC for adjustment, and will reduce the matter to writing if requested.
e) In the event the matter cannot be adjusted within four (4) working days from the date the grievance, complaint, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt dispute is presented by the Union ▇▇▇▇▇▇▇ Representative to the Executive Director of AGC, the written answer derived from Union may take the Step 1 discussion. The matter dispute to arbitration as outlined in Section 2 of this Article.
f) Any dispute that arises between the Employees and the Employer or any complaint or grievance on the part of both or one; said grievance, complaint, or dispute shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing submitted to the Local Union President, or designee, within fourteen thirty (1430) calendar days of the Step 2 discussionknown date of the violation or when the Employee could have reasonably become aware of the violation to be eligible to receive the assistance of the Local Union.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to g) Times set forth by this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first Article may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless extended by mutual agreement in writing signed by between the parties.
Section 11. If h) Failure of the Union or the Employer to process a grievance cannot be resolved at Step 2, in the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session time frame stipulated shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting constitute abandonment of the grievance, shall be reduced to writing and signed at . If the grievance mediation sessionis abandoned by either party, then the Union or Employer shall accept the abandoned request or decision as binding. Any abandoned grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as constitute a precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1A. A claim by an employee or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement may be processed as a grievance as hereinafter provided.
B. In the event that an employee believes there is a basis for a grievance, the employee and/or Association representative shall first discuss the alleged grievance with his/her building principal and/or other appropriate supervisor. If the grievance is not thus resolved, formal grievance procedures may be instituted.
C. Step I: The grievant may invoke the formal grievance procedure through the Association on the grievance form which will be available from the Association representative in each building. A copy of the grievance form shall be delivered to the principal or appropriate supervisor. If the grievance involves more than one school building, it may be filed with the Superintendent or a representative designated by the Superintendent. A grievance under this Agreement shall must be defined as a claim filed within thirty (30) calendar days of an employeethe occurrence of which he/she complains or thirty (30) calendar days of the time when the grievant learned of the occurrence of which he complains, whichever is later.
D. Step I Reply: Within five (5) calendar days of receipt of the written grievance, the employer, a class of employees principal or appropriate supervisor shall meet with the Local Union, covered by Association in an effort to resolve the Agreement which involves the interpretation, administration of, grievance. The principal or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 appropriate supervisor shall indicate his/her disposition of the grievance procedurein writing within five (5) calendar days of such meeting, and shall furnish a copy thereof to the Association.
Section 2. The selection and E. Step II: If the assignment of supervisory employees Association is not satisfied with the sole responsibility disposition of the Employer and grievance or if no disposition has been made within five (5) calendar days of such meeting or ten (10) calendar days from date of filing, whichever shall not be subject later, the grievance shall be transmitted to the grievance procedure.
Section 3Superintendent. All grievances Within five (5) calendar days the Superintendent or his/her designee shall be reduced to writing meet with the Association on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section indicate his/her disposition of the Agreement which grievance in writing within five (5) calendar days of such meeting and shall furnish a copy thereof to the Association, provided that in the event the superintendent is out of the District at the time the grievance is transmitted to his/her office, the five (5) day time period mentioned above shall commence on the day the superintendent returns to work, provided that the total number of days shall not exceed fifteen (15) days.
F. Step III: If the Association is not satisfied with the disposition of the grievance at Step II or if no disposition has been made within the period above provided, the grievance, only at the option of the Association, may be involvedsubmitted before an impartial arbitrator. The grievance form Association shall be dated and signed exercise its right of arbitration by giving the ▇▇▇▇▇▇▇ and at least one employee who claims a violation Superintendent written notice of this Agreement.
Section 4. For a grievance its intention to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, arbitrate within twenty (20) calendar days after of receipt of the discussion with written decision of the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involvedSuperintendent. If the grievance is parties cannot resolved, it shall be presented in writing agree as to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ arbitrator within five (5) calendar days after from the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1notification date that arbitration will be pursued, the grievance arbitrator shall then be presented, selected by the American Arbitration Association in writing, to the Employer's Human Resources representative, or designeeaccord with its rules, which individual rules shall handle second step grievances for all sites within ten (10) calendar days after likewise govern the receipt by the Union ▇▇▇▇▇▇▇ arbitration proceeding, except as provided in "Jurisdiction of the written answer derived from the Step 1 discussion. Arbitrator." The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost Board and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation Association shall not be considered permitted to assert in such arbitration proceeding any ground rules except as precedent. Should provided in "Jurisdiction of the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then Arbitrator," or to rely on any evidence not previously disclosed to the other party may move the matter immediately to arbitration.
Section 12party. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours The decision of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employerupon both parties.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance In determining the time in which any step under the following is to be taken, Saturdays, Sundays, recognized holidays, or an authorized leave being paid directly by the University shall be excluded.
28.1 Any difference arising between the parties to this Agreement shall be defined as a claim of an employeerelating to the meaning, the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision application of this Agreement, including allegations that the Agreement has been violated, may be the subject of a grievance and shall be processed in the manner following.
28.2 No grievance shall be processed through the grievance procedure which is not initiated by the Union within twenty-five (25) days after the incident giving rise to the grievance or within twenty-five (25) days of the Employee becoming aware of the incident giving rise to the grievance.
28.3 An Employee who feels that they have a complaint may first discuss the matter with the Department Head or designate. A class action The Employee may have a Union Representative present, if so desired. When any complaint cannot be settled by the foregoing informal process, the formal grievance will procedure may be initially presented invoked.
28.4 Subject to Articles 28.8 and 29.8, it is agreed that the presentation and processing of any grievance herein, including any arbitration procedures as specified in Article 29, must conform to the applicable procedure and time limits.
28.5 STEP ONE If the Employee or the Union is not satisfied with the decision of the Department Head or designate the Union may within ten (10) days of receipt of the decision or the date the decision should have been given, present a grievance in writing to the Senior Director, Human Resources, at the first level of the grievance procedure. If the Union does not receive a reply or satisfactory settlement within ten (10) days STEP TWO Within ten (10) days from receipt of the decision, or the date a decision should have been given in Step 2 of One, the Union may present the grievance in writing either by personal service or by registered mail to the Vice-President Finance and Administration as the second level in the grievance procedure.
Section 2. The selection 28.6 Where a grievance is presented or at any meeting in accordance with the foregoing process, or hearing relating to a grievance, the affected Employee(s) and the assignment of supervisory employees is the sole responsibility a representative of the Employer and Union Local shall not be subject to given the grievance procedurenecessary time off without loss of pay.
Section 3. All grievances 28.7 Where either party to this Agreement disputes the general application, interpretation, or alleges a violation of an article of this Agreement, the dispute shall be reduced to writing on forms provided by discussed initially with the University or the Union, as the case may be. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute Where no satisfactory agreement is reached, either party may submit the basis for the grievance and shall specify any dispute to arbitration, as provided in Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation 29 of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of 28.8 At the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answerAgreement, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first it may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed mutually agreed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or extend the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievancespecified herein.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1Step One. A grievance under this Agreement shall The parties agree that all complaints and grievances should be defined as resolved, whenever possible, with the immediate supervisor and the employee involved. It is the intent and purpose of the parties to provide a claim fair and equitable procedure for the orderly settlement of an employee, the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance all grievances. Any employee with a specific provision complaint or issue should contact the appropriate supervisor within five (5) business days after the employee had knowledge or should of this Agreement. A class action grievance will be initially presented at Step 2 have knowledge of the grievance procedure.
Section 2alleged occurrence in order to discuss and resolve the issue. Both parties will make every effort to resolve the issue. The selection employee may have his/her Union Business Representative and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the Chief ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and a Union Official and any witnesses deemed necessary by the grievant, union who will give first hand testimony present if the aggrieved employee is willing and able to attenddesired. The discussion with Company shall inform the supervisor or his or her designee shall be held promptly after receipt employee of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer right to have a Union Representative present prior to the start of any investigation meeting that could lead to discipline, however no settlement shall be made available to without the presence of a Union Official or Chief ▇▇▇▇▇▇▇ within / ▇▇▇▇▇▇▇. Any grievance settlements at Step One of the grievance process, whether by concession, withdrawal. settlement agreement or resolution actions or a failure of either party to abide by the time limits of this section, shall not constitute a precedent binding the Company or the Union, unless the parties agree, in writing that such settlement shall set a precedent binding on future grievances. Step Two If the grievance is not satisfactorily settled as outlined in Step one (1), a written grievance may then be presented to the Branch Manager or his designated representative no later than five (5) calendar working days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union Assigned Business Representative and/or Union Official of the decision rendered in Step One (1) hereof. The Branch Manager and/or designated company representatives shall meet with the Union Business Representative and Chief ▇▇▇▇▇▇▇ of and Grievant and Stewards and a Union Official and any witnesses deemed necessary by the union who will give first hand testimony in an attempt to resolve the matter and render a written answer derived from decision thereon within five (5) working days after said meeting/appeal. If a settlement is reached, it will be reduced to written form and the Step 1 discussion. The matter shall be investigated and discussed considered closed. If the Branch Manager fails to provide a written decision within this time limit, the grievance remedy shall be advanced to the next step of this procedure. Any grievance settlements at Step two of the grievance process, whether by concession, withdrawal, settlement agreement or resolution actions or a failure of either party to abide by the Human Resources representativetime limits of this section, shall not constitute a precedent binding the Company or designeethe Union, including unless the parties agree, in writing that such Employer settlement shall set a precedent binding on future grievances. Step Three If not satisfactorily settled as outlined in Step Two (2) above, the written grievance may then be presented to the Director of Maintenance or Business Manager no later than five (5) working days after receipt by the Union Assigned Union Business Representative and/or Union Official of the decision rendered in Step two (2) hereof. The Director of Maintenance and/or Business Manager and/or designated company representatives as are needed or appropriate, shall meet with the designee(sUnion Business Representative and Chief ▇▇▇▇▇▇▇ and Grievant and Stewards and Union Officials and any witnesses deemed necessary by the union who will give first hand testimony in an attempt to resolve the matter and render a written decision thereon within five (5) working days after said meeting/appeal. If a settlement is reached it will be reduced to written form on the grievance form and the matter shall then be considered closed. If the Director of Maintenance or Business Manager fails to provide a written decision within this time limit, the grievance remedy shall be advanced to the next step of this procedure. Any grievance settlements at Step Three of the grievance process, whether by concession, withdrawal, settlement agreement or resolution actions or a failure of either party to abide by the time limits of this section, shall not constitute a precedent binding the Company or the Union, unless the parties agree, in writing that such settlement shall set a precedent binding on future grievances. If the parties fail to resolve the grievance as outlined in Step Three, the Union may appeal the grievance to arbitration within thirty (30) days after written decision of step three. Grievances arising out of a suspension without pay or a discharge shall be submitted directly to Step three described in Section 2 herein. Should the Union elect to pursue such a grievance, the written grievance signed by the employee must be submitted to the Director of Maintenance or Business Manager within five (5) working days of the effective date of the action. If a written grievance is not submitted to the Director ofMaintenance or Business Manager within five (5) working days of the effective date of the action, the right of the employee or Union to grieve the action is waived and no further action can be taken thereon. Such failure to act timely shall not set a precedent binding upon the Union or the Company for future grievances. It is understood that a Union Official or Chief ▇▇▇▇▇▇▇ may file grievances on behalf of the Union's interest under this agreement. Therefore, if a grievance pertains to the Company's interpretation of the intent and purpose of the application of a specific article and section of this agreement that has wide bargaining unit effect, the grievantgrievance may be filed by a Union Official on behalf of the Union. Further, if appropriatea grievance relates to policy and affects numerous employees, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators consolidated and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step filed by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange on behalf of the group of employees
(A) If the two parties' representatives are unable to reach a meeting at settlement; either party may request a list of qualified arbitrators from the Step 2 level United States Federal Mediation and Conciliation Service within thirty (30) days of this procedurethe written decision and notify the other party of such request. The request shall be for a list of seven (7) arbitrators. The Union and the Company shall alternately strike one name from such list (the right to strike the first name having been determined by lot) until only one name remains and that person shall be the arbitrator.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in (B) It is understood that the work force shall time limits specified herein may be reduced to writing within seventy-two (72) hours extended by mutual written agreement of the Local Unionparties.
(C) The Company and the Union may mutually agree to combine the grievance of an employee and other similarly affected employee's receipt in order to eliminate the need for multiple filings of written notice grievances. If no other Agreement on this issue is reached, either party may request an Arbitrator to combine the grievances and the Arbitrator's decision is final.
(D) The Company and the Union may mutually agree in writing to waive any prior step of the discharge or notice grievance procedure and proceed directly to Step three of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step grievance procedure as it is described in Section 2 of this proceduresection.
Section 14. (E) The award of an arbitrator Union shall be final and binding on the Unionhave authority, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back payany employee covered by this Agreement, providedto decline to process a grievance, howevercomplaint, or dispute if an arbitrator shall award back wages covering in the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time judgment of the suspension Union such grievance or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend dispute lacks merit or change in any way justification under the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretationAgreement, administration of, and compliance with or has been adjusted or justified under the terms of the AgreementAgreement to the satisfaction of the Union.
(F) It is mutually agreed that should an employee be unavailable to sign a grievance form and deliver it to the Company within the time limits specified in Steps Two and Three of the grievance procedure, the Union may forward the grievance unsigned.
(G) No employee shall be discharged, suspended or otherwise disciplined without just or sufficient cause. Any employee, who had been discharged, or suspended, shall be granted an interview with his Union Official before he/she is required to leave the premises when practical. In all cases involving discharge, demotion or other discipline, the employee involvedandthe Union Official shall be notified in writing of the action and the reason for such action.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section Grievances shall be presented or adjusted in accordance with the following pro- cedure: The teacher may first discuss the matter with the principal, directly or accompa- ▇▇▇▇ by the Union building representative, with the objective of resolving the matter informally.
STEP 1. A grievance under this Agreement shall be defined as a claim of an employeeIn the event the matter is not resolved informally, the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The alleged ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which - tion, stated in writing, may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For lodged with or submitted as a grievance to be treated as the principal of the school in which the grievance arises within a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after reasonable time following the discussion with act or condition which is the Supervisor involved as outlined in Section 6 belowbasis of the grievance.
Section 5STEP 2. Any time limit imposed upon Appeal to the handling of grievances shall commence on Emergency Manager (or designee), or in the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It event the District’s financial emergency is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor Superintendent or his or her designee shall be held promptly after receipt of the grievance and within seven CEO (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within ): Within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answerdecision of the applicable unit head, which:
a.the Union may appeal to the Emergency Manager (or designee), or in the event the District’s financial emergency is resolved, the Superintendent or CEO (or designee) requests arbitration identifying (through the Office of Labor Rela- tions) the decision rendered by the applicable unit head. The appeal shall be in writing and shall set forth specifically the act, condition, and the grounds on which the appeal is based and shall include a copy of the grievance and including whatever forms all decisions rendered. A copy of the appeal shall be sent to the applicable unit head.
STEP 3. The Union may within thirty (30) calendar days submit any griev- ance under this agreement to arbitration at the equal expense of the parties. The Union shall have exclusive authority in its discretion as to whether to appeal any grievance to arbitration. The parties will mutually agree on an arbitrator to hear and decide the grievance. If the parties are required by the Mediation Service; and
b.) requests the Mediation Service unable to send to each party a list of agree upon an arbitrator within seven (7) names working days of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the listsnotice to arbitrate, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party demanding arbitration shall be responsible for refer the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree matter to submit the grievance to non-binding mediation before mutually agreed either Michigan Em- ployment Relations Commission or American Arbitration Association upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority parties, which shall submit a list to the mediation sessions who parties for the selection of an arbitrator. Unless mutually agreed to by the parties, the case will be heard by the arbitrator within ninety (90) days after the griev- ance is moved to arbitration. The arbitrator shall issue a written decision no later than thirty (30) days following the submission of each parties’ counsel’s brief to the arbitrator. The arbitrator shall not have been part the jurisdiction to add to, subtract from, or modify any of the grievance process with the goal terms of coming this Agreement, or to a decision substitute at his/her discretion for that day.
c.) Any grievance settlement, whether it represents a compromise between of any of the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14hereto. The award of an arbitrator shall arbitrator’s decision will be final and binding on the Union, its members, the employee or employees involved and the Employerparties.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance All questions, disputes and controversies arising under this Agreement or any supplement hereto shall be defined adjusted and settled within the terms and conditions as a claim of an employeeset forth in this Agreement in the manner provided by this Article, unless otherwise expressly provided in this Agreement, the employer, procedure for such adjustment and settlement shall be as follows: No employee will have a class of employees or grievance until the Local Union, employee has discussed the complaint with their on duty Supervisor. An employee covered by this Agreement may informally discuss a problem with their Supervisor at any time. Nothing in this Agreement shall prevent an employee from resolving any problem consistent with this Agreement and the Agreement which involves law, with or without the interpretation, administration of, or compliance with presence of a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2Union Representative. The selection resolution of a problem reached by the employer and the assignment of supervisory employees is the sole responsibility of the Employer and an employee shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing binding on forms provided by the Union. The If the employer does not promptly settle the matter to the employee’s satisfaction; an employee’s proper grievance may be processed as follows:
STEP 1: Any grievance of an employee shall first be taken up between such employee and the Company supervisor as noted above.
a) Termination or layoff - seven (7) days.
b) All others - ten (10) days. However, such employee will be entitled to representation by a Shop ▇▇▇▇▇▇▇ or a Union representative.
STEP 2: Failing settlement under Step 1 such Grievance shall clearly be reduced in writing and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section taken up between a representative of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Local Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union or Shop ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attendResident Manager. The discussion with the supervisor or his or her designee shall Step 2 must be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ completed within five (5) calendar working days after from the completion of Step 1 discussion1.
STEP 3: Failing settlement under Step 2: If no mutually acceptable conclusion , such Grievance and any question, dispute or controversy that is reached in Step 1not of a kind that is subject to Steps 1 and 2, the grievance grieving Party shall then reduce their Grievance in writing and it will be presented, in writing, referred to and taken up between the Employer's Human Resources representative, Secretary or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after other bargaining representative of the receipt Union and the Manager authorized by the Union ▇▇▇▇▇▇▇ President of the written answer derived from the Step 1 discussionCompany. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall Such referral must take place within seven five (75) calendar working days of from the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end completion of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen STEP 4: The Parties may elect by mutual agreement to convene the Canadian Joint Grievance Panel (14C.J.G.P.) calendar days following receipt of the copy of the lists, to render a representative of each party shall alternately strike a name until one name is leftdecision. The determination of who strikes first may Parties agree that such decision will be made by binding however will not set precedent in any future grievances regarding the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9same issue. The cost and the expense of the arbitrator and the hearing room Panel Hearing shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the otherbetween Parties.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. 32:01 A grievance under this Agreement shall be defined as a claim written complaint arising out of an employee, the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration ofapplication, or compliance with a specific provision alleged violation of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The 32:02 An ▇▇▇▇▇▇▇ effort shall clearly be made to settle grievances fairly and concisely state all facts which constitute equitably in the basis following manner. However, nothing in this Agreement shall preclude the Employer or the Union from mutually agreeing to settle a dispute by any means other than those described in the following grievance procedures without prejudice to their respective positions.
32:03 Local Union representatives, upon request to the Program Coordinator and subject to operational requirements, shall be granted necessary time off without loss of pay to meet with the Employer for the grievance and purpose of processing grievances. Such permission shall specify any Article or Section of the Agreement which may not be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreementunreasonably withheld.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within 32:04 Step 1
(a) Within twenty (20) calendar working days after the discussion date upon which the employee was notified orally or in writing, or on which the employee first became aware of the action or circumstances giving rise to the grievance, the employee shall present the grievance with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing redress requested to the Employer as provided Program Coordinator;
(b) The Program Coordinator or designate shall sign for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render issue a decision in writing to the Local employee and to the Union President, within fifteen (15) working days;
(c) The Program Coordinator or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party designate may hold a hearing to this Agreement shall give notice of its desire to arbitrate discuss the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making employee and the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject employee’s Union representative before giving a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close decision on the grievance.
Section 9. The cost (a) If the grievance is not resolved satisfactorily at Step 1, the employee shall submit the same grievance and the expense redress requested to the Executive Director, within fifteen (15) working days of the arbitrator receipt of the decision at Step 1;
(b) The Executive Director shall sign for receipt of the grievance and issue a decision in writing to the employee and to the Union within fifteen (15) working days of receipt of the grievance;
(c) The Executive Director shall hold a hearing to discuss the grievance with the employee and the hearing room shall be shared equally by employee’s Union representative before giving a decision on the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the othergrievance.
Section 10. Not more than 32:05 An employee claiming to be demoted, discharged or suspended without just cause may initiate a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by at Step 2 and submit it directly to the partiesExecutive Director as outlined above.
Section 11. 32:06 If a grievance cannot be resolved at Step 2dispute involving a question of general application or interpretation occurs and affects a group of employees, the parties Union or the employees may mutually agree to submit the grievance directly to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisenExecutive Director.
a.) Grievance mediation sessions shall 32:07 An employee may choose to be scheduled accompanied by a local Union representative at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part any stage of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due 32:08 All time limits referred to a reduction in the work force shall this section may be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedureextended by mutual agreement.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement shall be defined as a claim of an employeedispute between a bargaining unit Employee and the University, the employer, a class of employees or the Local UnionUnion and the University, covered by over the Agreement which involves the interpretation, administration ofapplication, or compliance with a specific provision the interpretation of the provisions of this Agreement, or an alleged violation of it. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed and disposed of in the following manner:
Step 1: Grievances . An Employee having a grievance and/or a Union Delegate or other representative shall be presented in writing present it to his/her immediate supervisor within a reasonable time following the incident giving rise to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attendgrievance. The discussion with the supervisor or his or her designee Employer shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written give its answer shall be made available to the Employee and/or his/her Union ▇▇▇▇▇▇▇ Delegate or other representative within five (5) calendar working days after the Step 1 discussionpresentation of the grievance.
Step 2: . If no mutually acceptable conclusion the grievance is reached in not settled at Step 1, the grievance shall then be presentedmay, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten five (105) calendar working days after the receipt answer at Step 1, be presented to Step 2. When grievances are presented at Step 2, they shall be reduced to writing indicating the facts and nature of the grievance; signed by the grievant and his/her Union ▇▇▇▇▇▇▇ of representative, and presented to the written answer derived from the grievant’s department head or his/her designee. A grievance so presented at Step 1 discussion. The matter 2, shall be investigated and discussed answered by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with Department Head in writing within five (5) working days after its presentation.
1. If the designee(s) of the Uniongrievance is not settled at Step 2, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place grievance may within seven five (75) calendar working days of the request unless mutually waivedStep 2 answer, be presented at Step 3. The Human Resources representative, or designee, A grievance shall be presented in this Step to the designated representative of the Office of Labor and Employee Relations and shall render a decision in writing within ten (10) working days after the presentation of the grievance in this step.
(a) Failure on the part of the Employer to answer a grievance at any step shall not be deemed acquiescence thereto, and the Union may proceed to the Local Union Presidentnext step.
(b) Anything to the contrary herein notwithstanding, a grievance concerning a discharge or designeesuspension may be presented initially at Step 3 in the first instance, within fourteen the time limit specified in the Discharge and Penalties Article in this Agreement.
(14c) calendar days Without waiving its statutory rights, a grievance on behalf of the Employer may be presented initially at Step 2 discussion3 by notice in writing addressed to the Union at its offices.
Step 3: If (d) All the time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays and holidays.
2. Any disposition of a grievance from which no mutually satisfactory conclusion appeal is reached at taken within the end of Step 2, either party time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list arbitration provisions of seven (7) names of arbitratorsthis Agreement.
Section 73. No later than fourteen (14) calendar days following receipt A grievance that affects a substantial number of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring themEmployees, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer representative designated in Step 1 and 2 lacks authority to settle, may have against initially be presented at Step 3 by the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedurerepresentative.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 113.01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. A grievance under this Agreement The aggrieved employee shall be defined as have the right and/or option to have a claim of an Union Representative present at such discussion(s).
13.02 Where the employee, the employermanager, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims and/or union representative if in attendance cannot resolve the employee’s complaint through process outlined in Article 13.01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this article, without stoppage of work or refusal to perform work.
13.03 A grievance is defined as a complaint in writing concerning:
(a) the application, interpretation or alleged violation of an article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties;
(b) the dismissal, suspension, demotion, written or verbal reprimand of an employee.
Section 413.04 Notwithstanding Article 13.03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage (Step 2) of the Procedure. For The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribed time limits without a reasonable explanation, the grievance will be deemed to be treated as abandoned, and all rights of recourse to the Grievance Procedure for that particular grievance shall be at an end.
(b) If Management fails to reply to a valid onegrievance within the prescribed time limits, it must the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provide such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
13.06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Employer representative article of the Agreement, such article shall be so stated in writingthe grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, as described a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the article in Section 3dispute.
13.07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage (Step 2) of the Procedure within twenty twenty-eight (2028) calendar days after of the discussion with date that the Supervisor involved as outlined in Section 6 belowemployee became aware of the action.
Section 5. Any time limit imposed upon 13.08 Once a grievance has been filed it then becomes the handling property of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar daysUnion.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve 13.09 When a grievance cannot be presented in person, it may be transmitted by first discussing it with the supervisor involvedregistered mail, regular mail, courier, fax, and/or e-mail. If Time line for appropriate next step will commence once the grievance is not resolvedreceived by the Employer. As per Article 13.01, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed an employee will deal with a complaint in the following manner:
Step 1: Grievances (a) Within twenty-one (21) calendar days after the date upon which the employee was notified orally or in writing, or on which the employee first became aware of the action or circumstances giving rise to a concern/ issue, the employee shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion meet with the Union management as well as Human Resources and a ▇▇▇▇▇▇▇ and the grievant▇, if requested, to discuss the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available issues giving rise to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussioncomplaint or concern.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10b) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a A decision in writing shall be given to the Local Union President, or designee, employee within fourteen (14) calendar days following the discussion stage above.
(a) If the complaint or concern is not resolved satisfactorily as per the discussion stage, the employee shall submit a grievance to the appropriate Division Vice-President or designate within twenty-one (21) days of receipt of the Step 2 discussiondiscussion stage.
Step 3: (b) The Division Vice-President or designate shall sign for receipt of the grievance and issue a decision in writing to the employee and the Union within twenty-one (21) calendar days of the grievance.
(c) The Division Vice-President or designate may hold a hearing to discuss the grievance with the employee and his Representative before giving a decision on the grievance. The hearing will involve the appropriate Senior Management and Human Resources representation, etc.
(d) If no mutually satisfactory conclusion the grievance is reached at not resolved satisfactorily as per the end of Step 2above, the grievance may be referred by the Union to Arbitration in accordance with Article 14.
(a) Where either party to this Agreement disputes the general application, interpretation or alleged violation of an article of this Agreement or a signed Letter of Understanding or a signed Memorandum of Agreement between the parties, either party may initiate a Policy Grievance. Where such a grievance is initiated by the Union, it shall give notice be presented at the Grievance Hearing Stage (Step 2) of its desire the Procedure. Where such a grievance is initiated by the Employer, it shall be presented to arbitrate the Union. In all cases the grievance by sending a letter to the Federal Mediation and Conciliation Service shall be presented within twenty-eight (FMCS) within forty-five (4528) calendar days after receipt from the date of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service action giving rise to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9(b) Where applicable, a grievance relating to a group of employees may be submitted as Group Grievance. The cost and Where at all possible a Group Grievance shall be signed by all the expense individual grievers affected. New names may only be added to the group grievance up to Grievance Hearing Stage (Step 2) of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the otherGrievance Procedure.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by (c) Where the parties.
Section 11. If parties fail to resolve a grievance cannot be resolved at Step 2under 13.10 (a) or (b), the parties either party may mutually agree to submit refer the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisenArbitration.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. This procedure is established to seek an equitable resolution of problems that arise as a result of an employer-employee relationship within the Town. A grievance under this Agreement shall be defined as mean a claim of complaint by an employee, the employer, a class employee or group of employees that his or their conditions of employment have been affected by a violation, misinterpretation or misapplication of the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision provisions of this Agreement, or that an employee has been terminated, suspended, fined, reduced in grade or disciplined in any other manner without just cause.
(1) Any employee or group of employees shall, with or without a Union representative, discuss his or their grievance with his or their immediate supervisor.
(2) If the grievance is not resolved to the satisfaction of the employee(s) by the immediate Supervisor, the employee(s) and/or Union may submit such grievance in writing, on a standard Union grievance form, to the Town Manager of the Town of Rocky Hill. A class action Within five (5) working days of the submission of the grievance will be initially presented to Step 2,
(3) If the grievance is not resolved to the satisfaction of the Union at Step 2 the Union may, within fifteen (15) working days of the answer at Step 2, submit such grievance procedureor dispute to the Connecticut State Board of Mediation and Arbitration, which arbitration panel or arbitrator shall hear the dispute and render a decision which shall be final and binding on all parties.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility Time extensions beyond those stipulated in this Article may be arrived at by mutual agreement, in writing, of the Employer and shall not be subject to the grievance procedureparties.
Section 3. All grievances shall be reduced If the Town fails to writing on forms provided by meet and/or to answer any grievance within the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section prescribed time limits of the Agreement which this Article, such dispute may be involved. The grievance form shall be dated and signed by processed to the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreementnext step.
Section 4. For Nothing contained herein shall prevent any employee from presenting his own grievance at Step 1 and Step 2 or to have Union representation at any step. The Union, however, must receive a copy of the grievance to and any decisions and may be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after present and state its views at any step of the discussion with the Supervisor involved as outlined in Section 6 belowGrievance Procedure.
Section 5. Any time limit imposed upon fees and expenses of the handling of grievances shall commence on the date of receipt. Any time limit so imposed arbitrator shall be interpreted as calendar daysdivided equally between the parties. Each party shall bear the cost of preparing and presenting its own case.
Section 6. It is understood All grievances and responses shall be transmitted by certified or registered mail, return receipt requested, or by hand delivering same to the parties that the Union representative and the aggrieved employee must attempt to resolve a party involved.
Section 7. Any grievance by first discussing it with the supervisor involved. If the grievance which is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
at Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites 2 within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar working days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days event of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name occurrence giving rise thereto shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators waived, and request one additional panel.
Section 8. Any grievance any decision not answered appealed within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted settled according to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting decisions at the Step 2 level of this procedureprevious step.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. 24.01 A grievance under is a complaint involving the interpretation or application of any of the provisions of this Agreement shall be defined as or a claim of complaint that an employee, the employer, a class employee or group of employees for whom the Union is bargaining agent has, in any manner, been unfairly treated. When an employee has a complaint he or she may first consult his or her immediate supervisor. If the Local Union, covered by complaint is not resolved he or she may then follow the Agreement which involves grievance procedure outlined below:
Step 1: The Union shall present the interpretation, administration of, or compliance with a specific provision of this Agreementgrievance to the employee’s Second Line Supervisor. A class action The grievance will be initially presented at processed and a decision rendered within ten (10) working days of presentation by the Union to the employee’s Second Line Supervisor unless the time period is extended by mutual consent. At the Union’s option, the employee involved may attend whatever Step 1 meetings are conducted, if the Union gives twenty-four (24) hours’ notice to the Supervisor who is conducting the meeting. If the grievance involves a discharge, the Union may omit Step 1 and submit the grievance directly to Step 2.
Step 2: The Union may next present appeal to the Director Level or a designated Second Level Manager. Grievances so appealed will be processed and a written decision rendered within ten (10) working days of receipt of appeal unless the time period is extended by mutual consent. At the Union’s option, the employee involved may attend whatever Step 2 meeting is conducted, if the Union gives twenty-four (24) hours’ notice to the Company representative who is conducting the meeting.
Step 3: The Union may next present appeal for adjustment to the Chairperson of the Bargaining Committee or a designated representative. Grievances so appealed will be processed and a written decision rendered within fifteen (15) working days of receipt of appeal unless the time period is extended by mutual consent. At the Union’s option in discharge and suspension cases, the employee may attend whatever Step 3 hearing is conducted, if the Union gives written notice to the Labor Director at least ten (10) days prior to such hearing.
24.02 Grievances must be presented initially within thirty (30) calendar days of the occurrence which gave rise to the grievance. Notification of appeal shall be in writing at Steps 2 and 3 and shall set forth the act or occurrence grieved, the name or names of employees aggrieved where practical, the contract provision alleged to have been violated, if any, and the remedy requested. The specification of additional contract provisions alleged to have been violated may be made in subsequent appeals up to the 3rd Step of the grievance procedure. Written appeal must be received by the Company representative designated and authorized to handle grievances at Steps 2 and 3 within ten (10) calendar days
24.03 Disposition of any grievance not appealed within the specified time limits shall be considered final. Failure of the Company to process a grievance and render a decision within the specified time limit entitles the Union to appeal it to the next step of the grievance procedure.
Section 224.04 Employees may review at reasonable times their own personnel records, only those personnel records of their own that are maintained by their immediate supervisor. The selection and Upon the assignment of supervisory employees is the sole responsibility of the Employer and shall not employee’s specific written request such personnel records may be subject to the grievance procedurereviewed by a Union Representative.
Section 3. All grievances shall be reduced to writing on forms provided by 24.05 Once a Union representative has notified a Company representative of a grievance, the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute Company will not discuss the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion matter with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved without first affording a representative of the Union an opportunity to be present, at a time and place mutually agreeable to the Union and the EmployerCompany.
Section 15. 24.06 The decision Company recognizes the right of the arbitrator may or may not include “Union to make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time a reasonable investigation of the suspension or termination will not be circumstances surrounding any grievance and agrees to cooperate with the basis for any reduction Union in back pay awardedsuch investigation.
Section 16. The arbitrator shall have no authority 24.07 Any individual employee or a group of employees may present grievances to alter, amend or change in the Company at any way time and such grievances may be adjusted without the terms and conditions of this Agreement and shall confine their decision to a determination intervention of the facts and interpretation, administration of, and compliance Union as long as the adjustment is not inconsistent with the terms of the Agreementcollective bargaining agreement, provided that the Union has been given an opportunity to be present at such adjustment.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. A. A grievance under this Agreement shall be defined as a claim dispute between the County and The Association arising over the interpretation or application of an employee, the employer, a class specific aspect of employees or the Local Union, this agreement which is not a Management Right. Grievances as defined above shall be resolved pursuant to this Article. This Article shall not apply to disciplinary action of any form covered by Article 9.
B. An Association grievance committee shall be established consisting of three members. Such committee shall be selected in a manner to be determined by the Agreement which involves Association membership. The purpose of the interpretation, administration of, Association grievance committee is to aid the Association and employee in resolution of grievances or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of to determine whether to pursue the matter through the grievance procedure.
Section C. If the employee feels he/she has a grievance, he/she shall take up the matter with the immediate supervisor within 10 days after the employee becomes aware of the event giving rise to the grievance.
D. The immediate supervisor shall make every attempt to reach an acceptable solution to the problem within 10 days after it has been submitted to him. Any grievance settlement shall be approved in writing by the Department Head and the County Manager.
E. If the grievance is not settled during the informal discussion, the Association may proceed with the matter. Within 10 days after the event giving rise to the grievance, the Association shall submit the grievance in writing to the immediate supervisor, the Department Head and provide the following information:
1. The employee’s name;
2. The selection and the assignment of supervisory employees is the sole responsibility employee’s position classification;
3. The employee’s department;
4. A complete statement of the Employer and shall not be subject to nature of the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by citing the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts specific section of this agreement which constitute is the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.grievance;
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon attempts made to resolve the handling problem;
6. A proposed solution to the grievance;
7. Signature of grievances shall commence on the President of the Association; and
8. The date the grievance arose and the date of receipt. Any time limit so imposed shall be interpreted as calendar daysthe employee signed the statement.
Section 6. It is understood by the parties that the Union representative F. The Association grievance committee and the aggrieved employee must immediate supervisor shall attempt to resolve a the matter. Any grievance settlement shall be approved in writing by first discussing it with the supervisor involvedDepartment Head and the County Manager. If the grievance is not resolvedsettled within 10 days after receipt of the written grievance by the County officials as described in paragraph E above, it the Association may submit the written grievance with the information outlined above to the County Manager. The County Manager shall be presented arrange for any meetings and investigations necessary to enable him to respond in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed Association regarding the grievance within 10 days from the date he received said grievance.
G. If the matter is not settled in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly previous step within 3 days after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to response from the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1County Manager, the grievance shall then be presentedAssociation may, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar 10 days after the of receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from County Manager’s decision notify the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision County Manager in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate submit the grievance matter to an arbitrator; or, at the Association’s option to the County Commissioners. If arbitration is chosen, the arbitrator shall be selected from a panel of 7 arbitrators provided by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt Service.
H. The decision of the Step 2 answerarbitrator, which:
a.) requests arbitration identifying or if selected of the grievance County Commissioners, shall be final and including whatever forms are required by binding. The decision shall be in writing and shall set forth findings of fact, reasoning and conclusions on the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitratorsissues submitted.
Section 7. No later than fourteen (14) calendar days following receipt I. The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is in violation of the copy terms of this agreement. Nor will the listsarbitrator, a representative or if selected the County Commissioners, have any power to amend, modify, add or delete provisions of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panelthis agreement.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. J. The cost fees and the expense expenses of the arbitrator shall be borne equally by the parties. Costs and fees associated with the hearing room use of a court reporter including the copies of transcripts (1 per party and original for arbitrator) shall be shared equally by the parties. All other expenses shall be borne by
K. The time limits specified in the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement preceding sections may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled extended by the mutual agreement of the parties in writingparties.
b.) Management will bring L. The Association shall furnish the appropriate personnel County with decision making authority to the mediation sessions who have been part names of the members of the Association grievance process with the goal of coming to a decision that daycommittee.
c.) M. Any employee, informally seeking, or formally filing a request to have his/her grievance settlementreviewed, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered discriminated against while doing so or testifying on behalf of another employee or assisting another employee to prepare a grievance report or acting as precedenta representative of any employee requesting a grievance review.
N. For purposes of this Article, the term “day” means any day Monday through Friday excluding holidays.
O. The time limits set forth in this Article shall be strictly construed. Should If the parties reach agreement at this stepAssociation fails to file and/or process the grievance in a timely manner, it shall be binding upon conclusively presumed that the parties. grievance is withdrawn with prejudice or has been satisfied.
P. If either party violates the agreement achieved at this step then County fails to respond to the other party may move grievance in the time limits established in the preceding sections the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted automatically moves to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedurenext step.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement shall be defined as 27.1 The parties agree that prior to filing a claim of an employeegrievance, the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance employee will be initially presented at Step 2 of attempt to resolve the grievance procedure.
Section 2. The selection and informally at the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6lowest level possible. It is understood by the parties agreed that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ may be present at any level of this process. In the event the matter cannot be settled in this fashion, the parties agree that any dispute which may arise between the parties concerning the application, meaning or interpretation of this Agreement shall be settled in the following manner and shall be the grievantexclusive means for resolving such disputes. It is also agreed that at any step of the process, if at the aggrieved request of either side, the parties shall meet to try to resolve the grievance.
(a) Step 1: The employee is willing and able and/or Union shall initiate a grievance in writing submitted on an official grievance form (attached as Appendix C or the employee and/or Union may use the official SEIU Grievance Form) to attendthe immediate supervisor within twenty-one (21) calendar days of its occurrence or within twenty-one (21) calendar days of the time the employee or Union has knowledge or by reasonable diligence should have known of the alleged grievance. The discussion with written grievance shall contain all the supervisor or his or her designee shall be held promptly after receipt specific information required on the official grievance form. As an alternative to submitting a written grievance form, the employee and/or Union may initiate a grievance by sending an email that contains all the specific information required on the official grievance form. If the grievance is initiated by an employee other than a member of the grievance and within seven (7) calendar days. The supervisor Union Leadership team or designee’s written answer shall be made available to the a Union ▇▇▇▇▇▇▇ within five (5) calendar days after ▇, the City shall include the Union in its Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, response to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussionemployee. The supervisor shall attempt to resolve the matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision report in writing to the Local Union President, or designee, decision within fourteen (14) calendar days from the date it is submitted to the supervisor. If the grievance is being initiated by employees with more than one supervisor, it may be filed at Step 2 at the option of the Step 2 discussionemployees.
(b) Step 32: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter has not been settled at Step 1, the employee and/or Union shall present the grievance to the Federal Mediation and Conciliation Service (FMCS) designated Department Head within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of from the copy of date the lists, a representative of each party shall alternately strike a name until one name is leftresponse was due or received (whichever comes first) from the supervisor. The determination of who strikes first may be made by Department Head shall attempt to resolve the coin toss with matter and report in writing the loser making decision within fourteen (14) calendar days from the first strike. The remaining name shall be date it was submitted to the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panelDepartment Head.
Section 8. Any (c) Step 3: If the grievance has not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved been settled at Step 2, the employee and/or Union shall present the grievance to the Mayor or Mayor's designee within fourteen (14) calendar days from the date the Department Head's response was due or received (whichever comes first). The Mayor or designee shall attempt to resolve the grievance and report in writing the decision within fourteen (14) calendar days from the date it is submitted.
(d) Step 4: If the grievance is not settled at Step 3, the Union shall file a notice of intent to arbitrate the grievance with the Human Resources Director within thirty (30) calendar days of the date the decision of the Mayor or designee is due or received (whichever comes first). The parties may, prior to selecting an arbitrator, mutually agree to have the dispute mediated by the State Conciliation Service. Within fourteen (14) calendar days of receiving the list of arbitrators pursuant to Article 27.2, the parties shall select an arbitrator by the method of alternately striking names from the list. The Union shall strike the first name, the City shall strike the second name and so on, with the exception of disciplinary cases wherein the order of striking names shall be reversed, with the remaining person being the arbitrator. If the selected arbitrator is not able to schedule the hearing within ninety (90) calendar days of being notified of his/her selection, the parties may mutually agree to submit select an alternate arbitrator from the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisenpanel.
a.27.2 Unless the parties mutually agree upon an arbitrator, the Union shall, within thirty (30) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement days of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority Union’s notice to proceed to arbitration, submit a written request to the mediation sessions who have been part Oregon Employment Relations Board that it submit to the parties a list of the grievance process with the goal names of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.seven
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 115.1 The grievance procedure provides a fair, equitable, and timely forum for internal review and resolution of disputes on employment related matters. This provides a process for dispute resolution in which all grievances will be free from restraint, interference, coercion, discrimination, or reprisal. Bargaining Unit members may use the grievance process for a complaint, dispute, or perceived breach of contract relating to their employment as described above. A grievance under this Agreement shall be is defined as a claim difference of opinion between the Company and the Union, or between the Company and an employeeemployee including dismissal, demotion, suspension and/or application of policies, procedures, rules, or regulations (10 CFR 706, 707, 710, 712, 851, 1046, 1047, or DOE O 473.3A and successor orders) that arise over the interpretation or application of any provisions of this contract. It will be settled by the following procedure:
15.2 Step 1: An employee who believes he has a grievance shall provide written notification of such with his supervisor or designee, within 10 working days, after the occurrence of the facts giving rise to the grievance, in an attempt to settle the grievance. A Union representative will be present at such presentation. The supervisor or designee will provide a written response within 5 working days to the employee and the Union representative. Wage claims will not be restricted to the above time limit, i.e., pay rate, vacation pay rate, holiday pay rate, overtime pay rate, etc. The term supervisor in this article refers to the Captain or designee.
15.3 Step 2: If the matter is not resolved in Step 1, the employergrievance shall, a class of employees or no later than 5 working days after the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 response of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not supervisor, be subject to the grievance procedure.
Section 3. All grievances shall be reduced to provided in writing on forms provided by the Union. The an area ▇▇▇▇▇▇▇ shall clearly or his designee, setting forth the facts in detail, specifying the Article and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated paragraph allegedly violated, and signed by the aggrieved employee and the ▇▇▇▇▇▇▇ ▇, and at least one employee who claims a violation of this Agreement.
Section 4shall be submitted to the Company's appropriate Major/Chief or designee. For a The Major/Chief or designee will have 5 working days from the date the grievance to be treated as a valid one, it must be was presented to an Employer representative him to answer, in writing, as described in Section 3, within twenty (20) calendar days after with a copy to the discussion with aggrieved employee and the Supervisor involved as outlined in Section 6 belowBusiness Agent or designee.
Section 5. Any time limit imposed upon 15.4 Step 3: If the handling matter is not resolved in Step 2, the grievance may be appealed in writing to the appropriate Director or designee within 5 working days of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood denial by the parties that Major/Chief or designee. A meeting between the Director or designee and the Union President or designee, another Union representative and the aggrieved employee must attempt Business Agent or designee who will be the spokesperson and the grievant will be held within 5 working days following receipt of the appeal to resolve consider the matter. The Director shall give a grievance by first discussing it with written answer to the supervisor involved. Union President and Business Agent within 5 working days following the date of the meeting.
(a) Step 4: If the grievance matter is not resolvedresolved in Step 3, it shall if appealed, the grievance will be presented in writing to the Employer as provided for in Section 3 and Section 4 aboveGeneral Manager or designee, no later than 5 working days from the denial by the Director. A meeting will be held within 10 working days from the receipt of the written appeal. This meeting may be attended by other Company representatives, President or designee, another Union member, the Business Agent or designee, and it shall be processed in the following manner:
Step 1: Grievances shall be presented grievant. The General Manager or designee will have 10 working days from the date of the meeting to respond to the grievance, in writing or electronically, with a copy to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, and Business Agent or designee, within fourteen (14) calendar days of the Step 2 discussion.
(b) The Company and the Union may mutually agree to defer a grievance at Step 3: If no mutually satisfactory conclusion is reached at the end of Step 24 to Alternative Dispute Resolution, either party to this Agreement shall give notice of its desire to arbitrate the grievance conducted by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators).
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Bargaining Agreement
GRIEVANCE PROCEDURE. Section 126:01 When a civilian member of the Association has any grievance or complaint he/she shall forthwith convey to his/her immediate supervisor (verbally) all relative facts relating to the grievance or complaint. The civilian member and the supervisor shall make every effort to resolve this issue at this preliminary stage.
26:02 If the civilian member and the supervisor fail to resolve the complaint or grievance within forty-eight (48) hours of the complaint or grievance being made or if the supervisor fails to acknowledge or discuss the issue, the civilian member aggrieved may invoke the following procedure. A complaint or grievance under this Agreement shall be defined as a claim of an employee, the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to review under the following steps unless it has first been brought to the attention of the grievor's supervisor in Subsection 26:01
26:03 The grievor shall reduce his/her grievance procedureto writing and present same to the Chief of Police or his/her designate for consideration.
Section 3. All grievances 26:04 The Chief of Police shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for inquire into the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after deliver his/her decision with respect to the receipt by complaint or grievance to the Union ▇▇▇▇▇▇▇ grievor.
26:05 The grievor, if dissatisfied with the ruling of the written answer derived from Chief of Police, shall forward the Step 1 discussion. The matter shall be investigated and discussed by complaint or grievance to the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place Board within seven thirty (730) calendar days of receipt of the request unless mutually waived. Chief’s decision.
26:06 The Human Resources representativeBoard shall, or designeewithin thirty (30) calendar days of receipt of the grievance, shall meet with the grievor and inquire into the grievance and render a decision in writing to the Local Union President, or designee, connection with same within fourteen thirty (1430) calendar days of such meeting. The grievor may when meeting with the Step 2 discussionBoard have with him/her a representative of the Association and/or the P.A.O. In the event that representatives from both Associations are present, only one will be permitted to be a spokesperson.
Step 3: If no mutually satisfactory conclusion is reached at 26:07 The grievor shall, if dissatisfied with the end decision of Step 2the Board, either party to this Agreement shall give notice of its desire to arbitrate forward the grievance by sending a letter to the Federal Mediation and Conciliation Service grievance, within thirty (FMCS) within forty-five (4530) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known such decision, to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be for a final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16decision. The arbitrator shall have no authority be appointed by the Solicitor General unless otherwise agreed to alterby the parties and shall, amend or change in any way accordance with the terms and conditions of this Agreement and shall confine their decision to a determination Police Services Act, act as an arbitrator under the provisions of the facts and interpretationsaid Act. At the time of forwarding the grievance to an arbitrator, administration of, and compliance the grievor shall provide written notification of same to the Board.
26:08 The time limits specified in this procedure may be extended with the terms consent of the Agreementparties at any stage in the proceedings.
Appears in 2 contracts
Sources: Civilian Working Agreement, Civilian Working Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance In determining the time in which any step under the following is to be taken, Saturdays, Sundays, recognized holidays, or an authorized leave being paid directly by the University shall be excluded.
28.1 Any difference arising between the parties to this Agreement shall be defined as a claim of an employeerelating to the meaning, the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision application of this Agreement, including allegations that the Agreement has been violated, may be the subject of a grievance and shall be processed in the manner following.
28.2 No grievance shall be processed through the grievance procedure which is not initiated by the Union within twenty‐five (25) days after the incident giving rise to the grievance or within twenty‐five (25) days of the Employee becoming aware of the incident giving rise to the grievance.
28.3 An Employee who feels that they have a complaint may first discuss the matter with the Department Head or designate. A class action The Employee may have a Union Representative present, if so desired. When any complaint cannot be settled by the foregoing informal process, the formal grievance will procedure may be initially presented invoked.
28.4 Subject to Articles 28.8 and 29.8, it is agreed that the presentation and processing of any grievance herein, including any arbitration procedures as specified in Article 29, must conform to the applicable procedure and time limits.
28.5 STEP ONE If the Employee or the Union is not satisfied with the decision of the Department Head or designate the Union may within ten (10) days of receipt of the decision or the date the decision should have been given, present a grievance in writing to the Senior Director, Human Resources, at the first level of the grievance procedure. If the Union does not receive a reply or satisfactory settlement within ten (10) days STEP TWO Within ten (10) days from receipt of the decision, or the date a decision should have been given in Step 2 of One, the Union may present the grievance in writing either by personal service or by registered mail to the Vice‐President Finance and Administration as the second level in the grievance procedure.
Section 2. The selection 28.6 Where a grievance is presented or at any meeting in accordance with the foregoing process, or hearing relating to a grievance, the affected Employee(s) and the assignment of supervisory employees is the sole responsibility a representative of the Employer and Union Local shall not be subject to given the grievance procedurenecessary time off without loss of pay.
Section 3. All grievances 28.7 Where either party to this Agreement disputes the general application, interpretation, or alleges a violation of an article of this Agreement, the dispute shall be reduced to writing on forms provided by discussed initially with the University or the Union, as the case may be. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute Where no satisfactory agreement is reached, either party may submit the basis for the grievance and shall specify any dispute to arbitration, as provided in Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation 29 of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of 28.8 At the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answerAgreement, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first it may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed mutually agreed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or extend the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievancespecified herein.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. (a) A grievance under is any problem or dispute, real or imagined, between the parties, the District and an employee or employees or between or among
(b) It is the intent of the parties to this Agreement shall to anticipate and diminish causes of grievances and to settle any which arise, informally, at the lowest practicable level of supervision and as fairly and promptly as possible. Therefore, it is agreed that there should be defined as time limits between the initiation of a claim of an employeegrievance and its occurrence, the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 between steps of the grievance procedure, and the time in which each answer must be given, and that the procedure in this Article 11.3 shall be the exclusive method of pursuing grievances (as defined above), and a condition precedent to initiation of legal proceedings by either party. Any grievance not initiated or pursued by the Union or the aggrieved employee within the time limits will be considered settled on the basis of the last timely answer by the District unless the time is extended by agreement of the parties. Failure of the District to give a timely response shall automatically move the grievance to the next step. At the request of the Union, the supervisor or Department Head who failed to answer the grievance shall attend the meeting of the next step.
Section 2(c) Grievances will be processed in the following manner and within the stated time limits:
Step 1. The selection aggrieved employee or group of employees and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The a Union ▇▇▇▇▇▇▇ or Officer shall clearly and concisely state all facts which constitute the basis for orally present the grievance and shall specify any Article or Section to their most immediate supervisor who is not in the Unit within 15 working days of the Agreement which may be involveddate when the employee or Union had knowledge or in the normal course of events should have had knowledge, of the event constituting the grievance. The supervisor shall give a verbal answer within 3 working days of the date of presentation of the grievance form shall be dated and signed by to the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreementor Officer.
Section 4Step 2. For a If such grievance to be treated as a valid oneis not settled in Step 1, it must shall be reduced to a reasonably detailed writing, including the remedy sought, dated and signed by each aggrieved employee and presented to an Employer representative in writing, as described in Section 3, the Department Head within twenty (20) calendar 7 working days after the discussion with supervisor's oral answer is given. In the Supervisor involved as outlined in Section 6 below.event no meeting concerning the grievance has been held pursuant to Article 11 above, the
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involvedStep 3. If the grievance is not resolvedsettled at Step 2, it the dated and signed written grievance, stating whether the grievant desires a hearing by the General Manager's representative, shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in General Manager or a designated representative within 7 working days following delivery of the following manner:
Step 1: Grievances Department Head's response. The grievance shall be presented along with all pertinent written material to date. If either the grieving employee or group of employees or the District have requested a hearing, the grievant may be represented by not more than 2 representatives of the Union. The General Manager's representative shall reply to the grievance in writing or a hearing shall be held within 7 working days of the date of presentation of the written grievance. If a hearing is held, the General Manager's representative's response shall be within 7 working days following the hearing.
Step 4. Grievances not settled in Step 3 of the grievance procedures may be referred to arbitration by either party. Request for arbitration shall be made in writing within 7 working days after the General Manager's response is given. An impartial arbitrator shall be selected jointly by the District and the Union within 10 working days of receipt of the request. Each party shall name 1 arbitrator each. In the event the parties are unable to agree as to who shall be the Arbitrator, they shall request the California State Mediation and Conciliation Service to submit a list of 5 arbitrators from California. Each party shall in turn cross off 1 name on the list, the first party to cross off a name to be determined by a flip of a coin. The final name left on such list shall be the Arbitrator. At the arbitration hearing the aggrieved employee must be accompanied by employee's Shop ▇▇▇▇▇▇▇ and 1 additional Union representative. The Arbitrator shall have access to all written statements and documents relevant to the grievance. The Arbitrator shall render a decision no later than 30 days after the conclusion of the final hearing. Such decision shall be in writing and shall be final and binding on both parties and made in accordance with, and in conformance to, the terms of this Agreement. Copies of the decision will be furnished to both parties.
(d) The fees and costs of the Arbitrator and court reporter for the first 3 arbitration cases held in each 12 month period starting from the effective date of the Agreement shall be paid 60% by the District and 40% by the Union. In any additional arbitration cases held in any such period, such fees and costs shall be equally shared by the parties hereto. Each party shall compensate its own representatives and witnesses, except that the aggrieved employee’s immediate supervisor for discussion with employee and the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar dayson paid District time. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt Those District employees called as witnesses by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedureon leave-without- pay status.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance shall be described as a dispute or complaint arising between the parties hereto under or out of this Agreement shall be defined as a claim of an employee, the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration ofapplication, performance, termination, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 abovebreach thereof, and it shall be processed and disposed of in the following manner:
Step 1: Within a reasonable time, not to exceed seven (7) calendar days following the date of occurrence, or when the employee or the Union should have had knowledge of the occurrence, an employee having a grievance and/or his Union representative shall put the grievance in writing and present it to the appropriate Deputy Chief or his designee. The Employer shall give its answer to the employee and/or his Union representative within seven (7) calendar days after the presentation of the grievance in Step 1. Within this fourteen (14) calendar day period, the employee is encouraged to seek to resolve this grievance on an informal basis. Grievances based on disciplinary action shall proceed immediately to Step 2 of this grievance procedure.
Step 2: If the grievance is not settled in Step 1 or has proceeded immediately to Step 2 in the case of discipline, the grievance may, within seven (7) calendar days after the answer in Step 1, be presented in Step 2 in writing to the aggrieved employee’s immediate supervisor for discussion with Chief of
Step 3: If the grievance is not settled in Step 2, the grievance may, within seven (7) calendar days after the answer in Step 2, be presented in Step 3 in writing to the City Manager or his designee. At this time a Local or State Representative of the Union ▇▇▇▇▇▇▇ and the grievantmay be in attendance at a meeting where, if both parties agree, witnesses and/or evidence may be presented which may relate to a resolution of the aggrieved employee grievance. If the grievance is willing and able not presented to attend. The discussion with the supervisor City Manager or his or her designee within said time period the grievance shall be held promptly considered resolved. A grievance so presented in Step 3 shall be answered by the Employer within seven (7) calendar days after receipt of its presentation. If the grievance and City Manager or his designee fails to answer in writing within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to deemed denied.
2. Any disposition of a grievance from which no appeal is taken within the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter time limits specified herein shall be investigated deemed resolved and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able shall not thereafter be considered subject to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list arbitration provisions of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the partiesAgreement. The parties agree that may by mutual written agreement extend the time within which to answer or appeal. Any step in the grievance procedure may be skipped on any grievance by mutual consent.
3. Filing a grievance mediation session by an employee or the Union under this Article concerning any matter otherwise appealable to the Civil Service Commission shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of deemed an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held election by the employee at and the time of Union to use the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions provisions of this Agreement rather than an appeal to the Civil Service Commission, as the sole and shall confine their decision to a determination exclusive remedy for resolution of the facts and interpretation, administration of, and compliance with the terms of the Agreementsaid grievance or complaint.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement shall be defined as a claim of an employee, 9.01 The Employer and the employer, a class of employees or Union recognize that grievances may arise concerning:
(a) Differences between the Local Union, covered by the Agreement which involves Parties respecting the interpretation, administration ofapplication, operation or compliance with any alleged violation of a provision of this Agreement, including a question as to whether or not a matter is subject to arbitration; or
(b) The dismissal, discipline or suspension of an employee bound by the Agreement. The purpose of this Article is to provide the sole method for the settlement of a grievance alleging the violation of a specific provision of this Agreement. A class action Such a grievance will shall be initially presented at Step 2 of and processed in accordance with the grievance proceduresteps, time limits and conditions set forth herein.
Section 2. Step 1 The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee’s option), shall clearly and concisely state all facts which constitute the basis for first discuss the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s his/her immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place department head within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting occurrence of the grievance. In this first step, both parties shall make every effort to settle the dispute. If the grievance is not settled at this step, then:
Step 2 The grievance shall be reduced to writing and signed at by:
(a) Recording the grievance mediation session. Any on the appropriate grievance which is withdrawn shall be done so in writing and signed at form, setting out the grievance mediation session. Any discussions held in the course nature of the grievance mediation process and the circumstances from which it arose;
(b) Stating the article of the Agreement infringed upon or alleged to have been violated and the remedy or correction required;
(c) The grievance shall be considered “off signed by the record” employee and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief a Shop ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.or Union Committee member;
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force (d) The supervisor shall be reduced to writing within seventy-two (72) hours acknowledge receipt of the Local Union's receipt of written notice of grievance by signing and dating the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee grievance form at the time the grievance is presented; and
(e) Within seven (7) calendar days of receipt of the suspension written grievance, the supervisor or termination will the department head shall give his/her written reply. If the grievance is not be settled at this step, then;
Step 3 The Union Committee and the basis for any reduction in back pay awarded.
Section 16Committee on Labour Relations, or its delegate, shall meet within twenty- one (21) calendar days or other mutually agreed to time to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The arbitrator shall have no authority to alter, amend findings or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination decisions of the facts and interpretation, administration of, and compliance with Committee on Labour Relations shall be presented to the terms Union in writing within seven (7) calendar days of the Agreement.meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Article 10 or Article 11 within thirty
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. a. The parties to this Agreement recognize the Stewards and the CLAC Representative specified in Article 3 as the agents through which employees shall process their grievances and receive settlement thereof.
b. A grievance under this Agreement shall be defined as a claim difference of an employee, the employer, a class of employees or the Local Union, covered by the Agreement which involves opinion as to the interpretation, administration ofapplication, or compliance with a specific provision administration of this Agreement.
c. A “group grievance” is defined as a single grievance, signed by a ▇▇▇▇▇▇▇, or a CLAC Representative, as well as the employees who have the same complaint. A class action grievance will Such grievances must be initially presented dealt with at Step 2 successive stages of the grievance procedureprocedure commencing with Step 1. The grievors shall be listed on the grievance form.
Section 2. The selection and the assignment of supervisory employees d. A “policy grievance” is the sole responsibility of the Employer and shall not be subject defined as one which involves a question relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable and one which an individual could not file. A policy grievance procedure.
Section 3may be submitted by either party to this Agreement commencing at Step 1. All grievances Such policy grievance shall be reduced to writing on forms provided signed by the Union. The a ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute or a CLAC Representative, or in the basis for case of an Employer's policy grievance, by the grievance and shall specify any Employer or his Representative.
22.02 Any employee who has a complaint as per Article or Section 22.01b will discuss the same with her immediate supervisor within five workdays of the Agreement which act or condition causing the complaint and may be involvedaccompanied by a ▇▇▇▇▇▇▇, or a CLAC Representative if she so desires. This supervisor will deal with the complaint not later than the third workday following the day upon which the complaint is submitted and will verbally notify the grievor and the Union Representative (if applicable) of his decision within five (5) workdays following the said meeting. If the reply is not satisfactory to the employee, she may process the complaint as a grievance as defined in Article 22.01b by following the steps set out below.
Step 1 The grievance form shall be dated and signed employee, accompanied by the a ▇▇▇▇▇▇▇ or a CLAC Representative, may submit a written grievance to her immediate supervisor within five (5) workdays of the decision reached above. This supervisor will deal with the grievance not later than the third workday following the day upon which the grievance is submitted and at least one employee who claims a violation will notify the grievor and the Union Representative of this Agreementhis decision in writing within five (5) workdays following the said meeting.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. Step 2 If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
settled under Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the , a Union ▇▇▇▇▇▇▇ and the grievantRepresentative will, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after workdays of the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in decision under Step 1, or within five (5) workdays of the day this decision should have been made, submit a written grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual Head Office. The parties shall handle second step grievances for all sites meet to discuss the grievance within ten one (101) calendar days week after the receipt by grievance has been received. The Employer shall notify the grievor and the Union ▇▇▇▇▇▇▇ Representative of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a his decision in writing to within five (5) workdays following the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussionsaid meeting.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. 22.03 The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step Employer or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation Union shall not be considered as precedent. Should required to consider or process “single” or “group” grievances which arise out of any action or condition more than five (5) workdays after the parties reach agreement at this step, it shall be binding upon the partiessubject of such grievance occurred. If either party violates the agreement achieved at action or condition is of a continuing or a recurring nature, this step then limitation period shall not begin to run until the other party action or condition has ceased. At no time may move the matter immediately to arbitrationan employee or group of employees file a grievance on behalf of another employee.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union22.04 Saturdays, Sundays, and shall be submitted at Step 2 of the paid holidays designated in this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination Agreement will not be counted in determining the basis for time in which any reduction in back pay awardedaction is to be taken or completed under the grievance procedure or arbitration procedure.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under 17.01 The parties to this Agreement recognize the Stewards and the Union Representatives specified in Article 4 as the agents through which employees shall process their grievances and receive settlement thereof.
17.02 The Employer or the Union shall not be required to consider or process any grievance which arose out of any action or condition more than five (5) workdays after the subject of such grievance occurred. If the action or condition is of a continuing or recurring nature, this limitation period shall not begin to run until the action or condition has ceased. The limitation period shall not apply to differences arising between the parties hereto relating to the interpretation, application or administration of this Agreement.
17.03 A “Group Grievance” is defined as a claim of an employeesingle grievance, the employer, signed by a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ or a Union Representative on behalf of a group of employee who have the same complaint. Such grievances must be dealt with at successive stages of the Grievance Procedure commencing with Step 1. The grievors shall clearly and concisely state all facts which constitute the basis for be listed on the grievance and shall specify any Article form.
17.04 A “Policy Grievance” is defined as one that involves a question relating to the interpretation, application or Section administration of the Agreement which this Agreement. A Policy Grievance may be involvedsubmitted by either party to arbitration under Article 19, bypassing Steps 1 and 2. The grievance form Such Policy Grievance shall be dated and signed by the a ▇▇▇▇▇▇▇ and at least one or a Union Representative, or in the case of an Employer's Policy Grievance, by the Employer or his representative.
17.05 An employee who claims has a violation complaint concerning his employment will first of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must all attempt to resolve it verbally with his supervisor. Failing a satisfactory resolution of the complaint, the employee may then submit the complaint as a written grievance under the next article.
a. Step 1 Any employee having a grievance will, accompanied by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union a ▇▇▇▇▇▇▇ and or a Union Representative, submit the grievant, if the aggrieved employee is willing and able same to attend. The discussion with the his immediate supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after workdays of the Step 1 discussionact or condition causing the grievance. This supervisor will deal with the grievance not later than the third (3rd) workday following the day upon which the grievance is submitted and will notify the grievor and the Union Representative of his decision in writing.
b. Step 2: 2 If no mutually acceptable conclusion the grievance is reached in not settled under Step 1, a Union Representative may within five (5) workdays of the decision under Step 1, or within five (5) workdays of the day this decision should have been made, submit a written grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual . The parties shall handle second step grievances for all sites meet to discuss the grievance within ten one (101) calendar days week after the receipt by grievance has been filed. The Employer shall notify the grievor and the Union ▇▇▇▇▇▇▇ Representative of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a his decision in writing to within three (3) workdays following the Local Union President, or designee, within fourteen (14) calendar days meeting.
17.07 The timelines of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may can only be cancelled extended by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under 20.01 It is the mutual desire of the Parties hereto that any complaint or cause of dissatisfaction arising between an employee and the Employer with respect to the application, interpretation or alleged violation of this Agreement shall be defined adjusted as a claim of an employee, the employer, a class of employees or the Local Union, covered by the Agreement which involves quickly as possible.
20.02 All matters in dispute relating to the interpretation, administration ofapplication, operation or compliance with a specific provision alleged violation of this Agreement. A class action grievance will Agreement shall be initially presented at Step 2 settled using the following steps of the grievance procedure.
Section 2Grievance Procedure: Step One The complaint shall be submitted verbally or in writing to the Supervisor within five (5) working days of the act or condition giving rise to the matter. The selection and Supervisor will settle the assignment of supervisory employees complaint within five (5) working days Step Two If the matter is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The settled under Step One, a ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section Union Representative may, within five (5) working days of the Agreement which may be involveddecision under Step One, submit a written grievance to the Supervisor. The grievance form Supervisor shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion meet with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative employee and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar working days after of the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, receipt of the grievance in an attempt to resolve the grievance. A Staff Representative of the Union and the Griever may be present at this meeting if requested by either Party. The Supervisor shall then within a further five (5) working days give the answer to the grievance on the grievance form and return it to the Union. Step Three If the matter is not settled under Step Two, a ▇▇▇▇▇▇▇ or Union Representative may, within five (5) working days of the decision under Step Two, submit a written grievance to the Department Manager. The Department Manager shall within five (5) working days hold a meeting between the Union Grievance Committee and the appropriate representatives of Management, in a further attempt to resolve the grievance. A Staff Representative of the Union and the Griever may be presentedpresent at this meeting if requested by either Party. The Manager shall within a further five (5) working days give the decision in writing, on the grievance form, and return it to the Union. Step Four If the matter is not settled under Step Three, a ▇▇▇▇▇▇▇ or Union Representative may, within five (5) working days of the decision under Step Three, submit a written grievance to the Employer’s Representative. The Employer’s Representative shall within five (5) working days hold a meeting between the Union Grievance Committee and the appropriate representatives of Management, in a final attempt to resolve the grievance. A Staff Representative of the Union and the Griever may be present at this meeting if requested by either Party. The Employer’s Representative shall within a further five (5) working days give the decision, in writing, to the Employer's Human Resources representative, Union on or designee, which individual attached to the grievance form. The time limits under 20.02 above may be extended by mutual agreement in writing.
20.03 In the event a group of employees have the same complaint; the matter shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the be handled as a “Group Grievance”. A Union ▇▇▇▇▇▇▇ or a Union Representative on behalf of a group of employees who have the written answer derived from same complaint shall sign such a grievance; and, the Step 1 discussion. The matter shall be investigated and discussed by dealt with through the Human Resources representativeGrievance Procedure commencing with Step One. The grievers shall be identified.
20.04 In the event the Union or the Employer raises concern with the interpretation, application, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) administration of the Unionthis Agreement, the grievantmatter in question, if appropriatebeing broad procedure-based to guide and determine present and future decisions, shall be handled as a “Policy Grievance”. A Policy Grievance shall be in writing, signed by a Union Representative, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing may be submitted to the Local Union President, or designee, within fourteen (14) calendar days of the grievance procedure at Step 2 discussionThree as detailed above.
Step 3: 20.05 If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part final settlement of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlementis not reached at Step Four, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at then the grievance mediation session. Any grievance which is withdrawn shall may be done so referred in writing and signed by either Party to Arbitration as provided in Article 21, at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing time within seventy-two twenty (7220) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours working days after the events should reasonably have become known to the Local Union, and shall be submitted at decision is received under Step 2 of this procedureFour.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. A. A grievance under this Agreement shall be defined as is a dispute, claim of an employee, or complaint arising under and during the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision term of this Agreement. A class action grievance will , and is limited to matters of interpretation or application of express provisions of the Agreement.
B. Both parties shall be initially presented at Step 2 responsible for any and all costs and out-of- pocket expenses incurred by the individual party.
C. Failure to appeal a decision within the specified time limits shall be deemed a withdrawal of the grievance procedureand shall bar further action or appeal. Failure to provide a written answer on the grievance within the specified time limits shall permit automatic advancement to the next step of this procedure within the time allotted had the decision been given. Time limits may be extended by mutual written agreement of both parties.
Section 2D. The following shall be the grievance procedure (Working days shall mean Monday through Friday excluding Holidays, not the actual days worked by grievant):
Step 1 ( Verbal Step):
Step 2 ( 1st Written Step):
1. If the aggrieved employee does not receive a satisfactory answer from the Director of Public Safety and Police Services or designee within three (3) working days after his/her presentation, he/she may submit the grievance in written form to the Director of Public Safety and Police Services or designee, for a written decision. The selection and submission must be made within five (5) working days following an unsatisfactory answer. If the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The aggrieved employee wishes, he/she may have his/her ▇▇▇▇▇▇▇ shall clearly or union representative assist him/her in the written presentation. The written grievance must specify
1) the Section and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section Paragraph of the Agreement which allegedly violated
2) date of occurrence of each alleged violation 3) manner of alleged violation, and
4) the adjustment requested.
2. Upon receipt of the written grievance, the Director of Public Safety and Police Services or designee, shall set a place and time within seven (7) working days for a grievance hearing. If the aggrieved employee wishes, he/she may be involvedhave his/her ▇▇▇▇▇▇▇ or Union representative assist him/her at the grievance hearing. The Whether or not his/her ▇▇▇▇▇▇▇ or Union representative assists at the grievance form shall be dated and signed by hearing, the ▇▇▇▇▇▇▇ and at least one employee who claims the President shall each receive a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ copy of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussiondecision.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 11 A grievance shall be defined as any controversy or dispute arising between the parties involving questions of interpretation or application of the terms and provisions of this Agreement and other conditions of employment. Having a desire to create and maintain labor relations harmony between them, the parties hereto agree that they will promptly attempt to adjust all complaints, disputes, controversies or other grievances arising between them involving questions of interpretation or application of the terms and provisions of this Agreement and other conditions of employment. A class action grievance under this Agreement shall be defined as a claim of an employee, dispute which concerns two (2) or more employees within the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreementbargaining unit. A class Class action grievance will grievances may be initially presented filed at Step 2 of the grievance procedureprocedure and the grievance shall contain specific information regarding the alleged violation(s) for the County to review to appropriately respond to the grievance.
Section 2. The selection 2 Thus, should differences or disputes arise between the parties to this Agreement or between the employees covered herein and the assignment County, other than cases of supervisory employees discharge and/or suspension, the aggrieved party to this Agreement or employee, or employees, as the case may be, shall use the following procedures:
Step 1. In the event that an employee believes there is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the a basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one a grievance, said employee who claims and/or a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve shall present a formal grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ division head within five (5) calendar working days of the date of the occurrence of the event giving rise to the grievance. The formal grievance shall be presented on the
Step 2. In the event the aggrieved employee and/or the Union is not satisfied with the written answer to Step 1 above, the said grievance shall be presented within five (5) working days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, written answer above to the Employer's Human Resources representativePort Director, or his/her designee, which individual shall handle second step grievances for all sites who will, within ten five (105) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar working days of the request unless mutually waivedreceipt of same, meet with a representative of the Federation in an attempt to resolve the said grievance. The Human Resources representativeAt this meeting, the employee and/or the on-site Federation representative may also be present. Within five (5) working days after this meeting, the Port Director or designee, his/her designee shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussionwriting.
Step 3: . If the grievant is not satisfied with the disposition of the grievance by the Department Director or a designee, or if no mutually satisfactory conclusion disposition has been made within the specified time limit, the grievance may be submitted by the Federation with the consent of the grievant, (or by an individual grievant, but only if the grievant is reached at a non-member and the end of Step 2Federation declines to process the grievance on that basis alone) to arbitration
Section 3 In the event that an employee is discharged and/or suspended by the County, either the aggrieved party to this Agreement shall give or employee or employees shall, within five (5) working days of written notice of its desire to arbitrate the grievance by sending a letter discharge and/or suspension grieve his/her discharge and/or suspension to the Federal Mediation and Conciliation Service (FMCS) Port Director, or his/her designee who shall, within forty-five (455) calendar working days after of the receipt of the Step 2 answersame, which:
a.meet with a representative of the Federation in an attempt to resolve the grievance. At this meeting the employee and/or the on-site Federation representative shall also be present. Within five (5) requests arbitration identifying working days after this meeting, the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitratorsPort Director shall render his/her decision in writing.
Section 7. No 4 With respect to discharge and/or suspension, the County shall notify the affected employee no later than fourteen ten (1410) calendar working days following receipt from the date the County fixes the responsibility for the incident upon which the discharge and/or suspension is based. The County's failure to comply with the ten (10) working day period shall constitute a waiver of its rights to take any disciplinary action against the employee or employees, including, but not limited to, oral reprimand, written reprimand, suspensions or discharges, for the incident. Section 5 The time limitations provided in this Article shall be strictly observed and shall be extended only by written agreement of the copy parties. In the event that the County fails to comply with any of the listsaforesaid time limitations in Steps 1 and 2 of the grievance procedure or Sections 3 and/or 4 of this Article, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first the grievant may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed file to the next Step level in the grievance procedure, prior to arbitration. In the event that the Federation fails to comply with any of the Grievance procedure immediately. Grievances may be entertained at any Step or the aforesaid time limits may be changed at any Step by mutual consent limitations in Steps 1 and 2 of the parties in writing. Failure to timely appeal any grievance will close procedure or Sections 3 and/or 4 of this Article, the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room grievance shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, deemed denied and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11no relief granted. If a grievance cannot be resolved meeting is re-scheduled at Step 2the request of either of the parties, the parties may mutually agree to submit the grievance to nontime-binding mediation before mutually agreed upon mediator from FMCS. Such submission frames will be made automatically extended to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month allow for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part re-scheduling of the grievance process with the goal of coming to a decision that daymeeting.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement shall be defined as a claim of an employee, a) Grievance means any difference between the employer, a class of employees or the Local Union, covered parties bound by the Agreement which involves the concerning its interpretation, administration of, application or compliance with a specific provision of this Agreementalleged violation thereof.
b) Employees will have union representation in any grievance or disciplinary meeting. A class action grievance will be initially presented at Step 2 Representatives of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and union shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The include shop ▇▇▇▇▇▇▇ shall clearly at the first step and concisely state all facts which constitute the basis for the grievance and shall specify may include any Article or Section officer of the Agreement which may be involved. The grievance form shall be dated and signed by the union or shop ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreementfurther steps.
Section 4c) Efforts to resolve grievances, up to but not including arbitration, shall be made on company time. For a The griever(s) may be present for any formal meeting throughout the grievance to and arbitration procedure. Meetings will be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after scheduled taking into consideration operating issues and will not hamper the discussion with efficiency of the Supervisor involved as outlined in Section 6 belowpaper.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed d) The following grievance procedure shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following mannerobserved:
Step 1: Grievances shall be presented in writing to An employee, accompanied by the aggrieved employee’s immediate supervisor for discussion with the Union shop ▇▇▇▇▇▇▇ and ▇, shall within nine (9) days of when the grievantcircumstances giving rise to the grievance were known or should reasonably have been known to the griever, if raise the aggrieved employee is willing and able to attendmatter orally with the employee’s immediate supervisor. The discussion with the supervisor or his or her designee shall be held promptly after receipt of reply to the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion the employee is reached not satisfied with the outcome of the discussions described in Step 1 above he/she may proceed to the second step of the grievance procedure. In such cases, the employee, accompanied by a union representative, will within nine (9) days of the reply at Step 1, present the grievance shall then be presented, in writing, writing to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussionPublisher. The matter grievance shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place answered in writing within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days receipt of the Step 2 discussiongrievance.
Step 3: If no mutually satisfactory conclusion is reached the two parties are unable to agree at the end second step, then the party raising the grievance may refer the matter, including any dispute as to whether the matter is arbitrable, to arbitration within twenty-one (21) days of the reply in Step 23.
e) In general, it is intended that grievances which are not resolved by Step 3 shall be submitted to a single arbitrator. However, either party may elect to this Agreement submit a grievance to an Arbitration Board of three members, in which case the other party shall give notice of its desire comply. The referral to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party shall include a list of seven (7) names for a single arbitrator or the name of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt a nominee to the arbitration board of the copy party requesting arbitration. The recipient of the listsreferral shall, a representative within ten (10) days, notify the other party in writing of each party shall alternately strike a name until its acceptance of one name is leftof the proposed arbitrators, or submit its own list of single arbitrators, or in the case of establishing an arbitration board, submit its nominee to the arbitration board. The determination of who strikes first may be made Policy grievances by the coin toss with the loser making the first strike. The remaining name Union and Company shall be the arbitrator for that grievancetabled at Step 2. Either party may reject a panel of arbitrators and will have the right to request one additional panelexpedited arbitration.
Section 8. Any grievance not answered f) The parties shall endeavor within ten (10) days to agree upon a single arbitrator, or in the specified time periods may be appealed case of an arbitration board, the nominees shall endeavor to agree on a chairperson for the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring themarbitration board, and neither party shall be responsible for the costs of the other.
Section 10. Not more than where a single grievance arising under this Agreement may be arbitrated in arbitrator or a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance chairperson cannot be resolved at Step 2agreed to or where either side fails to appoint a nominee to an arbitration board, the parties Ministry of Labour of Ontario may mutually agree be asked to submit make the grievance appointment.
g) The Board of Arbitration or single arbitrator shall convene a hearing as soon as possible to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by hear and determine the partiesmatter. The parties agree that a grievance mediation session arbitrator or board shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to issue a decision that day.
c.) Any grievance settlement, whether it represents a compromise between and the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator decision shall be final and binding on upon the parties and upon any employee and employer affected by it. In the case of an Arbitration Board, the decision of the majority is the decision of the board, but if there is no majority decision, the decision of the Chair shall govern.
h) Each party shall pay the fees and expenses of its appointee to an Arbitration Board and the Employer and the Union shall each pay one-half of the fees and expenses of the Chair or the single arbitrator.
i) By mutual agreement between the Employer and the Union, its membersand in the case of an Employer or a Union grievance, or in the employee or employees involved and the Employer.
Section 15. The decision case of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period a grievance involving discharge of an employee’s separation from the Employer’s payroll, the amount as awarded processing of a grievance may begin at Step 2.
j) It is intended that grievances shall be less any unemployment compensation received or other compensation from any sourceprocessed as quickly as possible. If the grieving party does not appeal the grievance to the successive stage within the specified appeal time limit, which the employee would grievance shall be deemed to be abandoned and shall not have received or earned had they thereafter be reinstated. If the responding party does not been suspended or dischargedanswer the grievance within the specified answer time limit for each stage, and provided further that any wages from another job with another employer held by then the employee at grievance shall automatically proceed to the time of the suspension or termination will not be the basis for any reduction in back pay awardednext higher stage.
Section 16k) Time limits in this article may be extended by mutual agreement. The arbitrator shall have no authority to alterIn all cases, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement“days” means calendar days.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement shall be defined as a claim 1 - Should any difference arise between the Employer, Union or Employees regarding the interpretation or application of an employee, the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 any provisions of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed settled in the following manner:
Step 1: Grievances . Between the Employee, his union representative, if he desires, and his Employers or employer representative within three (3) working days after the event upon which the grievance is based.
Step 2. If the grievance is not settled at Step 1, it shall be presented in reduced to writing to five (5) days after the aggrieved employee’s immediate supervisor for discussion answer under Step 1 and taken up with the Union ▇▇▇▇▇▇▇ representative of District Council No. 6 and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor Employers or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ representative within five (5) calendar working days after the grievance is filed. The Joint Trade Board will be notified of all Step 1 discussion2 grievances.
Step 3. If the grievance is not settled at Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presentedUnion may, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten fifteen (1015) calendar days after the receipt by answer under Step 2 take the Union ▇▇▇▇▇▇▇ of grievance to the written answer derived from the Joint Trade Board for settlement.
Step 1 discussion4. The matter parties shall be investigated and discussed by the Human Resources representativeattempt to agree upon an impartial arbitrator, or designee, including such Employer representatives as but if they are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able unable to attend. This meeting shall take place agree within seven (7) calendar days of from the request unless mutually waived. The Human Resources representativefor arbitration, or designee, they shall render a decision in writing jointly request the American Arbitration Association to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject submit a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9three arbitrators. The cost arbitrator shall then be chosen in accordance with the Association’s applicable rules. The fees and the expense expenses of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed equally by the parties.
Section 11. If 2 - Any grievance which affects a grievance cannot substantial number of employees may initially be resolved presented by the Union at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Section 3 - Any grievance settlementnot timely presented or processed thereafter, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it and shall not be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitrationarbitrable unless time is extended by mutual agreement.
Section 12. Any grievance which the Employer may have against 4 - Create Rotating Panel of Arbitrators - To deter the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may /Association from referring to Arbitration trivial complaints or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payrollpresenting grievances without just cause, the amount as awarded Arbitrator may, in his discretion, assess the cost of any case against the party presenting such trivial or undeserved case or cases for hearing, otherwise the cost shall be less any unemployment compensation received or other compensation from any source, which divided equally between the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awardedparties.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Tapers Agreement, Tapers Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement shall be defined as An employee having a claim of an employee, the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration ofgrievance, or compliance with one designated member of a specific provision group having a grievance, will first take up the grievance within fifteen (15) working days after the occurrence of this Agreement. A class action grievance will be initially presented at Step 2 the matter which is the subject of the grievance procedure.
Section 2with supervisor, who will attempt to adjust it. The selection and In the assignment of supervisory employees event the supervisor is not able to adjust the sole responsibility of grievance, will arrange to send for the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The Union ▇▇▇▇▇▇▇ shall clearly without undue delay and concisely state all facts which constitute without further discussion of the basis for grievance. Where there is no Union ▇▇▇▇▇▇▇ available in the employing department, either a full-time Union ▇▇▇▇▇▇▇ or the Union Local President will be allowed to attend the grievance meeting. Time limits set forth in the Grievance or Arbitration procedures may be extended by mutual agreement in writing between the parties hereto. Saturdays, Sundays and paid holidays will not be counted in determining the time within which any action is to be taken or completed under the Grievance or Arbitration procedures. In the absence of a mutual agreement in writing to extend the time limits between the parties, and where no answer is given within the time limit specified, the grieving party shall specify any Article or Section be entitled to submit the grievance to the next step of the Agreement which may be involvedgrievance procedure. Step One The grievance form shall be dated and signed by the Union ▇▇▇▇▇▇▇ and at least one the employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must will attempt to resolve a adjust the grievance by first discussing it with the supervisor involvedbefore it is given to the supervisor in writing. If the grievance is not resolvedadjusted by the supervisor, it shall be presented reduced in writing to on an employee grievance form provided by the Employer as provided for in Section 3 University and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with signed by both the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar daysinvolved. The supervisor or designee’s shall give answer in writing to the ▇▇▇▇▇▇▇ without undue delay, but not more than five (5) working days after the grievance has been presented in writing. Step Two If the grievance is not settled at Step One, the written grievance may be referred to the proper Designated Authority at the location where the is employed, by the Local Union President within five (5) working days after receiving the answer in writing. A meeting shall be made available to arranged by the Designated Authority within five (5) working days of receiving the grievance. Either party may request the presence of the and the Union ▇▇▇▇▇▇▇ at the meeting. The Designated Authority shall give answer in writing to the Local Union President without undue delay but not later than five (5) working days after the said meeting. Step Three If the grievance is not settled at Step Two, a written grievance may be referred to the Director of Labour Relations or designate by the Local Union President within five (5) calendar working days after of receiving an answer in writing from the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, Designated Authority. Either party may request the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by presence of the Union ▇▇▇▇▇▇▇ ▇, Local Union President and the National Representative, supervisor or Designated Authority to attend the meeting to present evidence or give assistance in the settlement of the written answer derived from the Step 1 discussiongrievance. The matter A meeting shall be investigated and discussed arranged by the Human Resources representative, Director of Labour Relations or designee, including such Employer representatives as are needed or appropriate, designate with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, President within fourteen five (145) calendar working days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.grievance in order to resolve the dispute. The Director of Labour Relations or designate shall give reply in writing within five (5) requests arbitration identifying working days if the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement settled at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitrationmeeting.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. 20.1 A grievance under this Agreement shall be defined as is a claim of an employee, the employer, a class of employees or the Local Union, covered by the Agreement which involves difference arising:
20.1.1 with respect to the interpretation, administration of, application or compliance with a specific provision operation of this Agreement. ; or
20.1.2 with respect to a contravention or alleged contravention of this Agreement; or
20.1.3 with respect to whether a difference referred to in Article 20.1.1 or 20.1.2 can be the subject of arbitration between the parties to, or persons bound by, this Agreement and not otherwise covered by other procedures in the Agreement.
20.2 A class action grievance will shall be initially presented at settled in the following manner:
20.2.1 Step 2 1 Within ten (10) days of knowledge of the grievance procedure.
Section 2. The selection act causing the grievance, the individual grievor or grievors shall discuss the matter with his/her Chair or supervisor and with the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇responsible ▇▇▇▇ with a view to making reasonable attempts to resolve the grievance. The individual grievor or grievors shall clearly and concisely state all facts which constitute be entitled to have a member of the basis for Association as a support person during these discussions. Failing resolution within twenty (20) days, the grievance and shall specify any Article may be advanced to Step 2 by the individual grievor or Section grievors.
20.2.2 Step 2 Within ten (10) days of a grievance being advanced to Step 2, the Association on behalf of the Agreement which may be involved. The individual grievor or grievors shall state the grievance form shall be dated and signed by in writing, including the remedy sought, to the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid oneVice-President, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative Academic or designate and the aggrieved employee must President of the Association or designate. These two representatives shall meet and attempt to resolve the grievance. Within fifteen (15) days of receiving the statement of grievance, they shall render their decision in writing. The decision shall be one of:
20.2.2.1 a grievance by first discussing it settlement; or
20.2.2.2 a report with a partial settlement and a recommendation to the supervisor involved. If Board and the Association that the grievance is not resolved, it shall be presented in writing proceed to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:Step 3; or
Step 1: Grievances shall be presented in writing 20.2.2.3 a report that they are unable to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of resolve the grievance and within seven (7) calendar days. The supervisor or designee’s written answer a recommendation to the Board and the Association that the grievance proceed to Step 4.
20.2.3 Step 3 A grievance that proceeds to Step 3 shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt heard by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussiona Grievance Committee. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.Within ten
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section The following steps are the implementation steps and procedures for handling grievances. A Lodge or class action grievance which affects more than one bureau shall bypass Step Two.
A. Step One - Preliminary Step
1. A member or group of members believing to have a grievance under this Agreement shall first contact his/their grievance representative or the Grievance Chairman and explain the grounds for which he/they claim to have a grievance. Before a grievance is placed in writing, it shall be defined as a claim of an employee, screened by the employer, a class of employees grievance chairman or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreementappropriate alternate. A class action grievance will be initially presented at Step 2 of After screening the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is Grievance Chairman or the sole responsibility of the Employer and appropriate alternate shall not be subject to cause the grievance procedure.
Section 3to be written. All grievances shall be reduced to submitted in writing on forms provided the prescribed grievance form agreed upon by the Unionparties and shall state, at a minimum, the facts giving rise to the grievance, the section(s) of the agreement that is/are believed to have been violated, the date the grievance is presented, and the specific relief requested by the grievant in order to resolve the grievance. The In order for a grievance to receive consideration under this procedure, the grievance must be submitted by email to ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. Human Resources shall clearly and concisely state all facts which constitute the basis for forward the grievance and to the appropriate Chief Deputy. In addition, the grievant or his representative may attach to the grievance copies of all correspondence or documentation that supports the grievant’s position.
B. Step Two - Division Commander
1. A member grievance, or Lodge and/or class action grievances affecting only one bureau shall specify any Article or Section of be submitted in writing to the Agreement which may be involvedappropriate division commander's office within the twenty-one (21) day time limit specified in section 5.2. The grievance form shall be dated date-stamped, accurately showing the date the division commander's office received the form.
2. Within ten (10) days of his receipt of the grievance form, the Division Commander shall schedule and signed by conduct a meeting to discuss the ▇▇▇▇▇▇▇ grievance with the designated Grievance Representative and at least one employee who claims a violation the grievant(s).
3. At the conclusion of this Agreement.
Section 4. For a oral discussion, and within the above ten (10) day limit, the Division Commander shall affix his written response to the Grievance form, date and sign his response, and return one copy of it to the designated grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involvedrepresentative. If the grievance is not resolved, it shall be presented in writing referred to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt Three of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites Procedure within ten (10) calendar days after the designated grievance representative's receipt of the decision rendered in this Step, the grievance shall be considered to be satisfactorily resolved.
4. In the event a grievance is filed from within the division of the Sheriff’s Step 3 designee, the grievance shall be heard by the Union ▇▇▇▇▇▇▇ Major of that division.
C. Step Three - Sheriff
1. Should the grieving party not be satisfied with the answer in Step Two, within ten (10) days thereafter, the grievance may be appealed to this Step Three by delivering or having delivered a copy of the grievance form, containing the written answer derived from responses at the Step 1 discussionprior Steps and any other pertinent documents, available at that time, to the Sheriff's Office. The matter Sheriff's Office shall date- stamp the form, accurately showing the date the Sheriff's Office received the form.
1.1 Lodge and/or class action grievances affecting more than one bureau shall be investigated submitted in writing to the Sheriff's Office within the twenty-one (21) day time limit specified in section 5.2. The grievance form shall be date-stamped, accurately showing the date the Sheriff's Office received the form.
2. Within ten (10) days of his receipt of the Grievance Form, the Sheriff or his designee (must be of the rank of Chief Deputy or Colonel reporting directly to the Sheriff) shall schedule and discussed by conduct a meeting to discuss the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, grievance with the designee(sGrievance Chairman, the designated grievance representative and the grievant (if a member grievance).
3. Within ten (10) days of the Unionmeeting in this Step, the Sheriff’s designee shall submit to the Sheriff a written response for his review.
4. Within ten (10) days of receiving the designee’s written response, the Sheriff shall submit to the Grievance Chairman and if a member grievance, the grievant, if appropriate, a written response. The Sheriff shall date and if sign his response.
D. Step Four - Arbitration
1. If the aggrieved employee is willing and able parties are unable to attend. This meeting shall take place within seven (7) calendar days satisfactorily resolve the grievance at Step Three of the request unless mutually waivedGrievance Procedure, it may be appealed to arbitration. The Human Resources representativeSuch appeal, must be presented to the Sheriff's Office by the Lodge President or designee, shall render a decision his designee in writing within fourteen (14) days from receipt of the Sheriff's final response to the Local Union President, or designeegrievance at Step Three of the Grievance Procedure. Should the parties, within fourteen (14) calendar days of from the Step 2 discussion.
Step 3: If no appeal, be unable to agree upon a mutually satisfactory conclusion is reached at the end of Step 2selected arbitrator, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to then the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service shall be requested to send to each party submit a list panel of seven (7) names of arbitrators.
Section 7qualified arbitrators from which one shall be selected. No later than Failing to mutually agree upon an arbitrator from this panel within fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2days, the parties may mutually agree shall strike names alternately with the parties’ right to submit strike the grievance first name to non-binding mediation before mutually agreed upon mediator from FMCSbe determined by a flip of a coin. Such submission will be made to FMCS in a letter signed All decisions reached by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employerboth parties.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement shall be defined as A. Any teacher or group of teachers may file a claim of an employee, the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 abovegrievance, and it shall be processed in the following manner:
Step 1: Grievances shall . Should an informal discussion of the situation with the principal not resolve the dispute over the alleged violation, a written grievance stating the section of the contract being violated may be presented filed with the principal by the teacher(s) or Association representative of the teacher(s) within twenty (20) days of the alleged violation. All written grievances must be signed by the aggrieved party.
2. The principal must answer the grievance in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after of the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from grievance.
3. If the Step 1 discussion. The matter aggrieved party is not satisfied with the disposition of the case by the principal, the grievance shall be investigated and discussed by transmitted to the Human Resources representativeSuperintendent, or designee, including such Employer representatives as are needed or appropriate, with the designee(swithin ten (10) days of receipt of the Unionprincipal's disposition.
4. Within ten (10) days after receiving the grievance, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representativeSuperintendent, or designee, shall render a decision meet with the Association representative regarding the grievance. The Superintendent, or designee, shall indicate their disposition of the grievance in writing to the Local Union PresidentAssociation representative within ten (10) days of such meeting and shall forward a copy of the disposition to the Board of Education.
5. If the aggrieved is not satisfied with the disposition of the grievance by the Superintendent, or designee, the grievance shall be transmitted to the Board by filing a copy with the Secretary of the Board within fourteen ten (1410) calendar days of receipt of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2Superintendent's, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service or designee’s, disposition. Within twenty (FMCS20) within forty-five (45) calendar days after receipt of the Step 2 answergrievance, which:
a.) requests arbitration identifying the Board will hold a hearing on the grievance. The Board will issue its disposition of the grievance and including whatever forms are required in writing within ten (10) days thereafter. A copy of the disposition shall be furnished to the Association.
6. If the aggrieved is not satisfied with the disposition of the grievance by the Mediation Service; and
b.) requests Board, or if no disposition has been made within the Mediation Service period above provided, the grievance may be submitted to send to each party arbitration before an impartial arbitrator by the Association filing a list of seven (7) names of arbitrators.
Section 7. No demand for arbitration with the American Arbitration Association no later than fourteen twenty (1420) calendar days following after receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is leftBoard disposition.
7. The determination arbitrator shall be selected through the American Arbitration Association in accord with its rules which shall likewise govern the arbitration proceedings. The Board and the Association shall not be permitted to assert in such arbitration proceedings any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of who strikes first may this Agreement, or deal with matters covered under the Teacher Tenure Act, or consider matters that are prohibited bargaining subjects under the Public Employment Relations Act. Both parties agree to be made bound by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense award of the arbitrator which is within their scope of authority and agree that judgment thereon may be entered in any court of competent jurisdiction.
B. The fees and expenses of the hearing room arbitrator shall be shared equally by the parties. All other expenses .
C. In the event of a general grievance, the President of the Association has the right to file a grievance which would go directly to the Superintendent, or designee, under Section 5 and follow the procedure as outlined thereafter, except that the Superintendent, or designee, will have ten (10) days to respond.
D. The time limits provided in this article shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement strictly observed but may be arbitrated in a single proceeding before an arbitrator unless extended by mutual written agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by of the parties. The parties agree that In the event a grievance mediation session is filed after May 15th of any year, and strict adherence to the time limits may result in hardship of any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
E. Notwithstanding the expiration of this Agreement, any claim of grievance arising thereunder may be processed through the grievance procedure until resolution.
F. A teacher engaged during the school day in any professional grievance negotiation on behalf of the Association with any representative of the Board shall be held every month for released from regular duties without loss of salary. If any negotiations are requested by the purpose Board which will involve the teacher during the school day, the teacher will be released from regular duties without loss of mediating up to eight (8) unresolved grievances which have arisenpay.
a.) Grievance mediation sessions shall G. All reference to days in this article is to be scheduled at least twelve (12) months interpreted as days school is in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writingsession.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. Section 19.01 It is the mutual desire of the Parties hereto that complaints of employees shall be adjusted as quickly as possible and it is understood that an Employee or the Union on their behalf, has no grievance until the employee’s immediate supervisor has been given an opportunity to adjust the complaint. If an employee has a complaint s/he shall discuss it with her/his immediate supervisor within fifteen (15) days after the employee would reasonably be expected to have become aware of the circumstances giving rise to the complaint. The immediate supervisor shall be allowed seven (7) days to communicate her/his answer to the complainant. Failing settlement, it may then be taken up as a grievance. In the case of a job competition grievance, it is understood that the appropriate supervisor will be the recruiting supervisor. A grievance under this Agreement shall be is defined as a claim of an employeecomplaint with respect to the application, the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision alleged violation of this Agreement. A class action grievance will be initially presented at Step 2 At any stage of the grievance procedureprocedure (including the verbal complaint stage) the grievor may be accompanied by a Union representative, who may be an employee of the University.
Section 2. The selection Step 1 Within seven (7) days of the supervisor’s decision the employee or the Union may present the alleged grievance in writing, on a form agreed to by the University and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject Union, to the her/his supervisor’s supervisor. Each written grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ grievor or the Union and at least one employee who claims a violation of this Agreement.shall include:
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20a) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receiptpresentation;
(b) the nature of the grievance;
(c) the remedy sought;
(d) the paragraph or paragraphs of this Agreement allegedly violated or the alleged occurrence said to have caused the grievance. Any time limit so imposed shall The employee may be interpreted as calendar days.
Section 6. It is understood assisted in the presentation of the grievance by the parties that the a Union representative and who may be an employee of the aggrieved employee must attempt to resolve a grievance by first discussing it with University. Failing an immediate settlement, the supervisor involved. If shall deliver the grievance is not resolved, it shall be presented decision in writing to the Employer as provided for in Section 3 employee and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available days following the presentation of the grievance to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussionher/him.
Step 2: 2 If no mutually acceptable conclusion is reached in not settled at Step 1, the grievor or the Union together with a representative of the Union Grievance Committee, as hereinafter constituted, may submit the alleged grievance shall then be presented, in writing, to the Employer's Associate Vice-President (Human Resources representativeResources) or designate within seven (7) days of the reply of Step 1. The Associate Vice President (Human Resources) or designate shall meet with the grievor, or designeethe Union Grievance Committee, which individual shall handle second step grievances for all sites and the Local Union President within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waivedpresentation of the grievance. A Representative of the International Union may also be in attendance if requested by either Party. The Associate Vice-President (Human Resources representativeResources), or designee, designate shall render a her/his decision in writing to the Local grievor and to the Chair of the Union President, or designee, Grievance Committee within fourteen ten (1410) calendar days of the Step 2 discussionabove meeting.
Step 3: If no mutually satisfactory conclusion is reached at the end 3 Failing settlement of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties Union may mutually agree submit grievance to submit arbitration as hereinafter provided within thirty (30) days of the receipt of the decision at Step 2.
9.02 After a grievance has been filed, the time limits outlined in 9.01 may be extended by agreement between the Union and the University. Where no such agreement has been made and the time limits as described have not been followed, or where an agreed extension has expired, either party may advance the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part next step of the grievance process with procedure including arbitration. However, the goal of coming grievance shall be deemed abandoned if the party having filed the grievance does not advance the grievance to a decision that day.
c.arbitration within thirty (30) Any grievance settlement, whether it represents a compromise between days from the parties or a full granting receipt of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted decision at Step 2 of this procedure2.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement shall be defined as a claim of an employee, 9.01 The Employer and the employer, a class of employees or Union recognize that grievances may arise concerning:
(a) differences between the Local Union, covered by the Agreement which involves Parties respecting the interpretation, administration ofapplication, operation or compliance with alleged violation of a provision of this Agreement, including questions as to whether or not a matter is subject to arbitration; or
(b) dismissal or discipline of an employee bound by the Agreement. The purpose of this Article is to provide the sole method for the settlement of a grievance alleging the violation of a specific provision of this Agreement. A class action The Employer and the Union recognize that the goal of this grievance will procedure is to attempt to resolve a grievance at the earliest possible opportunity with the least amount of time and resources. Such a grievance must be initially presented at Step 2 of and processed in accordance with the grievance proceduresteps, time limits and conditions set forth herein.
Section 2. Step (1) The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee’s option), shall clearly and concisely state all facts which constitute the basis for first discuss the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s his/her immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place department head within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting occurrence of the grievance. In this first step, both parties shall make every effort to settle the dispute. If the grievance is not settled at this step, then; Step (2) The grievance shall be reduced to writing and signed at within a further seven (7) calendar days by:
(a) recording the grievance mediation session. Any on the appropriate grievance which is withdrawn shall be done so in writing and signed at form, setting out the grievance mediation session. Any discussions held in the course nature of the grievance mediation process and the circumstances from which it arose;
(b) stating the article of the Agreement infringed upon or alleged to have been violated and the remedy or correction required;
(c) the grievance shall be considered “off signed by the record” employee and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief a Shop ▇▇▇▇▇▇▇ who will promptly arrange a meeting at or Union Committee member;
(d) the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force supervisor shall be reduced to writing within seventy-two (72) hours acknowledge receipt of the Local Union's receipt of written notice of grievance by signing and dating the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee grievance form at the time the grievance is presented; and
(e) within seven (7) calendar days of receipt of the suspension written grievance, the supervisor or termination will the department head shall give his/her written reply. If the grievance is not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to altersettled at this step, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.then;
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. 5.1 A grievance under this Agreement shall be defined as is a claim of an employeecomplaint, the employerdispute, a class of employees or the Local Union, covered by the Agreement which involves controversy involving the interpretation, administration of, application or compliance with alleged violation of a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 25.2 The right to process and settle grievances is wholly dependent upon and subject solely to the provisions of this Article. This Article shall be the exclusive procedure and remedy for grievances. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall wage structures are not to be subject to the grievance procedureprovisions of this Article for determination or alteration.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the 5.3 A grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances . Any grievance shall first be presented in writing brought to the aggrieved employee’s immediate supervisor for discussion with attention of the Union Operations Manager or designee. A shop ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall other Union representative may be held promptly after receipt of present when the grievance and within seven (7) calendar daysis presented. The supervisor or designee’s written answer shall A grievance must be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the presented at Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after of the receipt alleged violation or the date that the employee or Union representative knew or should have known of the occurrence giving rise to the grievance or shall be deemed untimely for all purposes. The grievance must be presented in writing and dated, and identify the problem leading to the grievance.
Step 2. If the grievance is not resolved at Step 1, the affected employee(s) shall present the grievance in writing to the Executive Director within ten (10) calendar days immediately following the date the Operations Manager’s response was received or communicated to the affected employee. At this and each subsequent step of the grievance procedure, the written grievance submitted by the Union ▇▇▇▇▇▇▇ or employee(s) shall include:
a) A statement of the written answer derived from grievance and the Step 1 discussion. factual allegations upon which it is based;
b) The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(sSection(s) of this contract alleged to have been violated;
c) The remedy sought; and
d) The name and signature of the Unionemployee(s) involved in the grievance, except in the grievantcase of a group grievance. In such case, if appropriate, and if an officer of the aggrieved employee is willing and able to attendlocal union will sign. This meeting shall take place within seven Within ten (710) calendar days of receipt of the request unless mutually waivedStep 2 grievance, the Executive Director will meet with the grievant and, if the grievant requests, a representative of the Union. The Human Resources representative, or designee, parties may mutually extend the time period to hold the Step 2 meeting. The Executive Director shall render give a written response within ten (10) calendar days immediately following the Step 2 meeting.
Step 3. (Arbitration) The decision in writing of the Executive Director will be final and binding unless the grievance is appealed to the Local Union President, or designee, arbitration within fourteen ten (1410) calendar days of the Step 2 discussion3 response. Such appeal shall be directed to the Executive Director.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation 5.4 The jurisdiction and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense authority of the arbitrator and the hearing room shall be shared equally by confined exclusively to the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs interpretation of the other.
Section 10. Not more than a single grievance arising under specific provision(s) of this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise issue between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to add to, detract from, alter, amend or change in modify any way the terms and conditions provision of this Agreement or impose on any party a limitation or obligation not explicitly provided for in this Agreement.
5.5 Any grievance not timely presented at Step 1 or not timely appealed to Step 2 or Step 3 shall be invalid, waived and lost forever, and the Employer shall confine their not be required to consider or process any such grievance.
5.6 Unless otherwise mutually agreed to by the Employer and the Union, each grievance appealed to arbitration shall be the subject of a separate and distinct arbitration hearing and decision and no arbitrator shall be selected by the parties to hear or decide more than one grievance in any one arbitration proceeding.
5.7 The expenses of the arbitrator and hearing room will be equally shared between the Employer and Union; otherwise, each party shall bear its own expenses in preparing and presenting its case. If the parties agree to use a court reporter, the expenses will be borne equally between the parties. If only one party insists upon a court reporter, the party requesting the court reporter will bear the expenses alone, but the other party will not be entitled to a determination copy of the facts transcript.
5.8 The arbitrator will render a decision on the grievance which has been submitted to him or her within thirty (30) days from the later of the date of the hearing or submission of briefs, unless additional time is requested and interpretationmutually agreed to by the Employer and the Union.
5.9 The Employer and the Union may agree to submit a grievance to an Expedited Arbitration process subject to the following conditions:
A. Both parties must mutually agree to Expedited Arbitration to resolve a specific grievance;
B. The hearing will be informal;
C. No briefs will be filed;
D. Formal rules of evidence will not be strictly followed;
E. The arbitrator may issue a bench decision after the hearing, administration ofbut in any event, will render a decision within 48 hours after the conclusion of the hearing;
F. The arbitrator’s decision will be based on the record before the arbitrator, and compliance with the terms may include a brief written explanation of the Agreementbasis for such conclusion;
G. The arbitrator’s decision will be final and binding upon the parties;
H. No decision by an arbitrator in this expedited process shall be deemed to establish any practice or any precedent for future proceedings;
I. An arbitrator who issues a bench decision will furnish a written copy of the award to the parties within forty-eight (48) hours of the close of the hearing; and J. The fees of the arbitrator will be borne equally by both parties.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement 11:01 The Employer and the Union agree that grievances and complaints shall be defined as settled promptly. Should a claim of an employee, dispute or a grievance arise between the employer, a class of employees or Employer and the Local Union, covered by the Agreement which involves employee regarding the interpretation, administration ofmeaning, operation or compliance with a specific provision application of this Agreement. A class action , including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, such dispute or grievance will or question shall be initially presented at dealt with in the following manner: An employee or employees having a grievance or complaint shall first present the same in writing to their Union Committee Member.
Step 2 1 The employee or employees concerned together with their Union Committee Member or Chairperson shall, within such employee's next seven (7) calendar days after such grievance or complaint has arisen, reduce to writing citing the alleged violations and the particulars of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject situation giving rise to the grievance procedureto their immediate supervisor who shall reply in writing within seven (7) calendar days immediately following presentation of such grievance or complaint. In the case of grievances arising out of the Job Posting Procedures set forth in Article 10 of the within Collective Agreement, employees having grievances related to their failure to obtain a posted position(s) shall submit their grievance in the first instance at the Step 3 level. A copy of the written grievance will also be delivered to the Labour Relations Manager.
Section 3Step 2 Failing settlement under Step 1, the Union shall, within seven (7) calendar days following receipt of the supervisor's decision, refer the grievance or complaint in writing to the appropriate Administrative Director or Academic ▇▇▇▇. All grievances The Administrative Director or Academic ▇▇▇▇ or designate accompanied by the Labour Relations Manager shall arrange to meet with the Union within seven (7) calendar days of receipt of the grievance. The grievor may be reduced invited to writing on forms provided by attend such meeting at the request of the Union. The ▇▇▇Administrative Director or Academic ▇▇▇▇ shall clearly and concisely state all facts which constitute render a decision to the basis for Union, in writing within seven (7) calendar days after such meeting. Such decision will also be copied to the grievance and shall specify any Article or Section Labour Relations Manager.
Step 3 Failing settlement under Step 2, the Union shall, within seven (7) calendar days of the Agreement date on which may be involved. The grievance form shall be dated and signed by the ▇▇▇receipt of the decision of the Administrative Director or Academic ▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid onewas or should have been given, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If refer the grievance is not resolved, it shall be presented or complaint in writing to the Employer as provided for in Section 3 and Section 4 above, and it Labour Relations Manager who shall be processed in the following manner:
Step 1: Grievances shall be presented render a decision in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to Labour Relations Manager may call a meeting with the Union ▇▇▇▇▇▇▇ within five (5) calendar days after Grievance Committee to discuss the Step 1 discussiongrievance or complaint. At such meeting the grievor may be invited to attend at the request of the Union. The Supervisor may be invited to attend such meeting as determined by the Employer.
Step 2: If no mutually acceptable conclusion is reached in 4 Failing settlement under Step 13, the grievance shall then or complaint may be presented, in writing, referred to the Employer's Human Resources representative, a Grievance Commissioner or designee, which individual shall handle second step grievances for all sites arbitration within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar working days of the request unless mutually waived. The Human Resources representativedate on which the reply to Step 3 was given, or designee, shall render a decision in writing to should have been given by the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussionLabour Relations Manager.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending 11:02 Where a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise dispute between the parties or involving a full granting question of general policy occurs, the grievance, difference between the parties shall be reduced to writing citing the alleged violations and signed at the particulars of the situation giving rise to the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held and, in the course case of a Union grievance, signed by the President, Vice-President, or their appointee. In the case of a grievance mediation process shall be considered “off by the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, Employer it shall be signed by the Labour Relations Manager. Failing settlement of such disputes, it is understood that same may be carried through Step 3 of the Grievance Procedures, including arbitration of the final and binding settlement.
11:03 The Employer shall grant sufficient time to the Chairperson and/or Union Administrative Committee Member for the adjustment of grievances without loss of salary. The Chairperson and/or Union Committee Member shall notify their immediate supervisor when leaving their job to adjust a grievance and, upon their return to work, notify their supervisor. In the event the department is unduly interfered with, a mutually agreed upon time will be taken within twenty-four (24) hours.
11:04 All replies to grievances shall be in writing at all stages and copies of such replies from the Employer shall be forwarded to the Chairperson within the time limits as specified above.
11:05 The Grievance Committee of the Union hereinbefore referred to shall be comprised of the President of Unifor Local 2458 and/or their appointee, the Chairperson and two (2) other Union Committee Members. It is agreed that at least one (1) member of the Grievance Committee shall be the Union Administrative Committee Member representing the grievor.
(a) Any and all time limits may, at any time, be extended by written mutual agreement of both parties. If either party violates .
(b) In the agreement achieved at this step then event that the other party Employer fails to reply in writing within the time limits prescribed in the Grievance Procedure, the Union may move submit the matter immediately to arbitrationthe next step as if a negative reply or denial had been received on the last day for the forwarding of such reply.
Section 12(c) When no action is taken by the Union to submit the matter to the next Step in the grievance procedure (i.e. Step 1, 2,or 3) within the time limits set out in this Article 11, the grievance will be deemed to have been abandoned.
11:07 The grievor shall suffer no loss of pay if any meetings required in this Article are held during the grievor's regular working hours.
11:08 The parties agree to meet as required to discuss any outstanding grievance(s).
11:09 In the event the Employer representative identified as the respondent in two or more successive steps is the same individual, the grievance will be referred to the next step.
11:10 As an alternative to the regular arbitration procedure, the parties shall have the option of mutually agreeing to refer a post third step grievance to a Grievance Commissioner in the following procedures: (a) The Employer and Union may agree in writing to the appointment of any individual to act as a single arbitrator to be known as a Grievance Commissioner who will set aside such time as may be requested by the Employer and the Union to consider and determine grievance(s) referred to them for final and binding arbitration. Any The Grievance Commissioner shall have the same powers and be subject to the same limitations as an arbitrator under Article 12 – Arbitration. (b) Through the Grievance Commissioner, the parties desire the expeditious means for the effective disposition of a grievance which the Employer parties have agreed may have against be handled in a summary manner. The rules governing the Union shall be reduced to writing and submitted to summary proceeding of the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction Grievance Commissioner are set out in the work force shall be reduced to writing within seventy-two schedule hereto. (72c) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may Grievance Commissioner shall only be applicable in the case in question and shall not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payrollconstitute a precedent nor be used by either party as a precedent in future cases. Notwithstanding anything contained in this Agreement, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time decision of the suspension or termination will not be Grievance Commissioner shall: (i) Be consistent with the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions provision(s) of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under 18.01 The parties to this Agreement recognize the stewards and the CLAC representatives specified in Article 3 as the agents through which employees shall process their grievances and receive settlement thereof.
18.02 The Employer or the Union shall not be required to consider or process any grievance which arose out of any action or condition more than five (5) workdays after the subject of such grievance occurred. If the action or condition is of a continuing or recurring nature, this limitation period shall not begin to run until the action or condition has ceased. The limitation period shall not apply to differences arising between the parties hereto relating to the interpretation, application or administration of this Agreement.
18.03 A Group Grievance is defined as a claim of an employee, the employer, single grievance signed by a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute or a CLAC representative on behalf of a group of employees who have the basis for same complaint. Such grievances must be dealt with at successive stages of the grievance and procedure commencing with Step 1. The grievors shall specify any Article be listed on the grievance form.
18.04 A Policy Grievance is defined as one which involves a question relating to the interpretation, application or Section administration of the Agreement which this Agreement. A policy grievance may be involvedsubmitted by either party to arbitration under Article 20, by-passing Step 1 and Step 2. The Such policy grievance form shall be dated and signed by the a ▇▇▇▇▇▇▇ and at least one employee who claims or a violation CLAC representative or, in the case of this Agreementan Employer's policy grievance, by the Employer or his representative.
Section 4. For 18.05 Step 1 - Any employee having a grievance to be treated as will, accompanied by a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and or a CLAC representative, submit the grievant, if the aggrieved employee is willing and able same to attend. The discussion with the his immediate supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after workdays of the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, act or condition causing the grievance. This supervisor will deal with the grievance shall then be presented, in writing, to not later than the Employer's Human Resources representative, or designee, third (3rd) workday following the day upon which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by grievance is submitted and will notify the grievor and the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision representative in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussionhis decision.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement shall be defined as a claim of an employee, 9.01 The Employer and the employer, a class of employees or Union recognize that grievances may arise concerning:
(a) differences between the Local Union, covered by the Agreement which involves Parties respecting the interpretation, administration ofapplication, operation or compliance with alleged violation of a provision of this Agreement, including questions as to whether or not a matter is subject to arbitration; or
(b) dismissal or discipline of an employee bound by the Agreement. The purpose of this Article is to provide the sole method for the settlement of a grievance alleging the violation of a specific provision of this Agreement. A class action The Employer and the Union recognize that the goal of this grievance will procedure is to attempt to resolve a grievance at the earliest possible opportunity with the least amount of time and resources. Such a grievance must be initially presented at Step 2 of and processed in accordance with the grievance proceduresteps, time limits and conditions set forth herein.
Section 2. Step (1) The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee’s option), shall clearly and concisely state all facts which constitute the basis for first discuss the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s his/her immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place department head within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting occurrence of the grievance. In this first step, both parties shall make every effort to settle the dispute. If the grievance is not settled at this step, then: Step (2) The grievance shall be reduced to writing and signed at within a further seven (7) calendar days by:
a) recording the grievance mediation session. Any on the appropriate grievance which is withdrawn shall be done so in writing and signed at form, setting out the grievance mediation session. Any discussions held in the course nature of the grievance mediation process and the circumstances from which it arose;
b) stating the article of the Agreement infringed upon or alleged to have been violated and the remedy or correction required;
c) the grievance shall be considered “off signed by the record” employee and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief a Shop ▇▇▇▇▇▇▇ who will promptly arrange a meeting at or Union Committee member;
d) the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force supervisor shall be reduced to writing within seventy-two (72) hours acknowledge receipt of the Local Union's receipt of written notice of grievance by signing and dating the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee grievance form at the time the grievance is presented; and
e) within seven (7) calendar days of receipt of the suspension written grievance, the supervisor or termination will the department head shall give his/her written reply. If the grievance is not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to altersettled at this step, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.then;
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under 15.01 All grievances and other disputes arising out of the interpretation and application of the terms of this Agreement agreement shall be defined as a claim dealt with in accordance with the following procedure:
Step 1: Grievances first shall be presented to the Supervisor involved within five (5) working days of an employeeits inception or occurrence, the employer, a class of employees or the Local Union, covered either by the Agreement which involves aggrieved employee or by the interpretationaggrieved employee and their ▇▇▇▇▇▇▇. The Supervisor shall give an an- swer to a grievance submitted to him in not more than five (5) working days.
Step 2: If the grievance is not satisfactorily adjusted by the Supervisor, administration of, or compliance with a specific provision of this Agreement. A class action grievance will it shall be initially presented at Step 2 then put in writing in triplicate over the signature of the grievance procedure.
Section 2. The selection aggrieved employee and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Uniontheir ▇▇▇▇▇▇▇. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for then present the grievance and shall specify any Article or Section to the appropriate Man- ager, Operations within five (5) working days by giving him one (1) copy of the Agreement which may be involvedwritten grievance. The grievance form appropriate Manager, Operations shall be dated and signed by give a written decision to the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a presented the grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, him within twenty five (205) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar working days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. Step 3: If the grievance is not resolvedsatisfactorily adjusted in Step 2, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 aboveGrievance Committee within five (5) working days. The Grievance Committee shall consist of three (3) Union members who are employees, and it shall be processed in representatives of the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union Company. The ▇▇▇▇▇▇▇ that files the grievance and the grievantgrievor will be pre- sent at the grievance meeting. At the request of the Union, if a staff representative of the aggrieved employee is willing and able to attendUnion may be present at such meeting. The discussion with Company shall give an answer Step 4: (a) (i) Failing settlement under the supervisor Grievance Procedure set forth above of any grievance between the parties or his any employee's grievance, arising from the interpretation, application, non-application or her designee shall violation of any of the provisions of this Agreement, including any question as to whether a matter is arbitrable, such may be held promptly after referred to arbitration by either party serving notice in writing to the other within thirty (30) calendar days from the receipt of the grievance and within decision in Step 3. Within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ working day of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) notice of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire election to arbitrate the grievance by sending a letter parties shall select an arbitra- tor. Prior to the arbitration hearing the parties may agree to discuss the grievance in a without prejudice mediation process. The parties will jointly request a mediator from Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitratorsSer- vices.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1Employees and supervisors are encouraged to attempt to resolve on an informal basis, at the earliest opportunity, a problem that could lead to a grievance. A grievance under If the matter is not resolved by informal discussion, it shall be settled in accordance with the following procedure. (These informal discussions shall not extend the deadlines for filing a grievance.) All written grievances shall contain the following (Step 1 grievances are not expected to be in writing and do not require detailing of the items listed below):
a) name(s) of the grievant or grievants, if applicable.
b) a brief summary of the facts giving rise to the alleged violation.
c) citation of the section or subsections of this Agreement alleged to have been violated.
d) the date of the alleged violation.
e) the specific remedy requested. Any written grievance filed at Step Two or Three not in accordance with the above requirements may be denied on the basis of improper filing and may be appealed to the next Step in accordance with this procedure. The supervisor shall be defined as a claim of an employee, respond to the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance grievant with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 copy of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject response to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty fourteen (2014) calendar days after following the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involvedmeeting. If the grievance is not resolvedremains unresolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ may submit it to Step Two. paid time to discuss and attempt to resolve the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attendgrievance. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, be held within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answerTwo grievance. Within fourteen (14) calendar days of the meeting, which:
a.the head of the unit shall provide a decision in writing to the grievant and the union representative with a copy to the appropriate Human Resources Department. The parties are limited to two (2) requests arbitration identifying representatives each, in addition to the grievant and the supervisor. If the grievance remains unresolved, the Union may submit it to Step Three as described below. Within fourteen (14) calendar days of the meeting, the ▇▇▇▇ or equivalent administrative officer shall provide a decision, in writing, to the grievant and including whatever forms the Union representative with a copy to the appropriate Human Resources Department. The parties are required limited to two (2) representatives each, in addition to the grievant and the supervisor. An issue not raised by the Mediation Service; and
b.Union in the Step Three grievance shall not proceed to arbitration unless mutually agreed between the parties. The Union will make a good faith effort to reduce the ninety (90) requests calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days from the Mediation Service Union's request for arbitration the Union and the University shall select an arbitrator from an agreed upon list of arbitrators. The University and the Union may mutually agree to send an arbitrator outside their agreed upon list. If the parties are unable to each party agree on a list of seven arbitrators, then the parties shall select, within ten (710) names calendar days of arbitrators.
Section 7the Union's request for arbitration, an arbitrator from a panel provided by the Bureau of Mediation Services or the American Arbitration Association. No later than fourteen The parties shall have ten (1410) calendar days following receipt of the copy of list to select an arbitrator in the lists, a representative of each party following manner: The Union shall alternately have the right to strike a name until one name is left. The determination of who strikes first may from the list, the University shall then strike one name, and the process will be made by repeated and the coin toss with the loser making the first strike. The remaining name person shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9arbitrator. The cost and parties shall have ten (10) calendar days following the expense selection of the arbitrator and to jointly notify the hearing room shall be shared equally by arbitrator of the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible ’ selection with a request for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the partiesavailable hearing dates. The parties agree that a grievance mediation session arbitration hearings involving possible monetary liabilities shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisengiven first priority in scheduling.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement shall be defined as a claim of an employee, 9.01 The Employer and the employer, a class of employees or Union recognize that grievances may arise concerning:
(a) differences between the Local Union, covered by the Agreement which involves Parties respecting the interpretation, administration ofapplication, operation or compliance with alleged violation of a provision of this Agreement, including questions as to whether or not a matter is subject to arbitration; or
(b) dismissal or discipline of an employee bound by the Agreement. The purpose of this Article is to provide the sole method for the settlement of a grievance alleging the violation of a specific provision of this Agreement. A class action The Employer and the Union recognize that the goal of this grievance will procedure is to attempt to resolve a grievance at the earliest possible opportunity with the least amount of time and resources. Such a grievance must be initially presented at Step 2 of and processed in accordance with the grievance proceduresteps, time limits and conditions set forth herein.
Section 2. Step 1 The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee’s option), shall clearly and concisely state all facts which constitute the basis for first discuss the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s their immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place department head within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting occurrence of the grievance. In this first step, both parties shall make every effort to settle the dispute. If the grievance is not settled at this step, then:
Step 2 The grievance shall be reduced to writing and signed at within a further seven (7) calendar days by:
a) recording the grievance mediation session. Any on the appropriate grievance which is withdrawn shall be done so in writing and signed at form, setting out the grievance mediation session. Any discussions held in the course nature of the grievance mediation process and the circumstances from which it arose;
b) stating the article of the Agreement infringed upon or alleged to have been violated and the remedy or correction required;
c) the grievance shall be considered “off signed by the record” employee and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief a Shop ▇▇▇▇▇▇▇ who will promptly arrange a meeting or Union Committee member;
d) the supervisor shall acknowledge receipt of the written grievance by signing and dating the grievance form at the Step 2 level time the grievance is presented; and
e) within seven (7) calendar days of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours receipt of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its membersgrievance, the employee supervisor or employees involved the department head shall give their written reply. If the grievance is not settled at this step, then;
Step 3 The Union Committee and the Employer.
Section 15, or its delegate, shall meet within twenty-one (21) calendar days or other mutually agreed to time to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The decision findings or decisions of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded Employer shall be less any unemployment compensation received or other compensation from any source, which presented to the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time Union in writing within seven (7) calendar days of the suspension or termination will meeting. If the grievance is not be settled at this step, either party may refer the basis for any reduction in back pay awardedgrievance to arbitration within a further twenty-one (21) calendar days.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 120.01 The Employer and the Union both agree that the settlement of any dispute or grievance arising out of the terms of this Agreement should, so far as possible, be arranged between the Employer’s representative and the Employee or the Union’s grievance committee. A grievance under difference between the Employer and the Union as to the meaning and application of the provisions of this Agreement shall be defined as considered a claim policy grievance. All policy grievances will be processed by the Union, and shall be submitted to the Human Resources department designates under Step 2 of the Grievance Procedure.
20.02 A grievance concerning the discharge of an employee, Employee will be submitted into Step 2 of the employerGrievance Procedure. By mutual agreement between the parties, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will may be initially presented at submitted to Step 2 of the grievance procedureprocess.
Section 2. The selection 20.03 Unless a grievance of an Employee or a policy grievance is presented to the Employer within thirty (30) working days of the griever from the date when the grievance first arose, or in the case of dismissal of Employees within thirty (30)
20.04 Any complaint, disagreement or difference of opinion between the parties hereto concerning interpretation, application, operation, or any alleged violation of the terms of this Agreement shall be considered a grievance and the assignment procedure of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances settlement shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.as follows:
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. STEP 1: If the complaint or grievance is not resolved, it shall be presented satisfactorily resolved in writing to discussion between the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with Employee and/or the Union ▇▇▇▇▇▇▇ and his/her immediate Supervisor/Branch Management, the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee grievance shall be held promptly after receipt set out in writing citing the alleged violation of the grievance and within seven (7Collective Agreement including the Clause(s) calendar daysaffected. The supervisor or designee’s written answer It shall be made available submitted in this form to the immediate Supervisor within the time limits specified in Clause 20.03. A decision will be forwarded to the Union ▇▇▇▇▇▇▇ from the Supervisor within five ten (510) calendar working days after of receiving the Step 1 discussiongrievance.
Step STEP 2: If no mutually acceptable conclusion the grievance is reached not satisfactorily resolved in Step 1, the grievance Union Office shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing Human Resources department designates within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.fifteen
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section A. Purpose
1. A grievance It is agreed that this procedure will be used by the parties in good faith for the purpose of securing equitable solutions to the problems that arise under this Agreement Agreement.
2. Settlements shall be defined as a claim of an employeenot add to, the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration ofsubtract from, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify modify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation terms of this Agreement.
Section 4B. Definition
1. For A “grievance” under this Article is a grievance to claim or allegation that there has been a breach, misinterpretation or improper application of the terms of this Agreement.
C. General Procedures
1. Grievances shall be treated as a valid one, it resolved exclusively by the procedures in this Agreement. All grievances must be presented to an Employer representative through the Union.
2. There shall be no loss of pay for employees for time spent during grievance meetings or hearings as a grievant or a witness.
3. The time limits specified herein may be amended only by mutual agreement in writing, as described . All references to days in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as this Article are to calendar days.
Section 64. It is understood by the parties encouraged, when possible, that the Union representative and the aggrieved employee must Employer attempt to informally resolve any matter that may lead to a grievance.
D. The Grievance Resolution Procedure
1. Step One
a. A grievance must be initiated within thirty (30) days from the time of an alleged incident giving rise to the grievance, or from such time that an informal resolution has not been reached, as stated in C.4 above.
b. A grievance is initiated when a worker gives their supervisor a memo explaining what is being grieved and the remedy sought, or when the Union files a grievance by first discussing it directly with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employeeEmployer’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussionChief Executive Officer.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within c. Within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from filing of the Step 1 discussion. The matter shall be investigated and discussed by grievance, the Human Resources representative, Chief Executive Officer or their designee, including will convene to meet in a good faith effort to resolve the dispute. Prior to such Employer representatives as are needed or appropriatemeeting, with the designee(s) and upon request of the Union, the grievantEmployer shall provide the Union with any information reasonably necessary for the adequate representation of the employee. Within ten (10) days following the meeting, if appropriatethe Director or their designee shall issue a written decision sustaining or denying the grievance. All step one decisions will be served upon the Union.
2. Step Two – Arbitration
a. If the Union is not satisfied with the disposition of the grievance at step one, and if the aggrieved employee is willing and able grievance may be moved to attend. This meeting shall take place arbitration by the Union within seven thirty (730) calendar days of the request unless mutually waivedstep one decision.
b. Should the Union wish to move a grievance to arbitration, the Union shall notify the Employer in writing and an arbitrator shall be selected from the American Arbitration Association.
c. Nothing in this Agreement shall be construed as compelling the Union to submit a grievance to arbitration.
d. The arbitrator shall hear the matter and make a decision that shall not modify, add to nor subtract from the terms of this Agreement. The Human Resources representative, or designee, decision shall render a decision in writing to the Local Union President, or designee, be rendered within fourteen thirty (1430) calendar days of the Step 2 discussionhearing.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. e. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other their expenses shall be borne equally by the party incurring them, and neither both parties. Each party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated pay its own expenses in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process connection with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause f. The decision or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours award of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Employer, the Union, its members, the employee or employees involved and the Employergrievant or grievants, to the extent permitted by and in accordance with applicable law.
Section 15. g. The Unions decision not to appeal a grievance to arbitration will be deemed an abandonment of the arbitrator may or may not include “make whole” decisions with respect to back paygrievance, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded which shall be less any unemployment compensation received or other compensation from any source, which final as to the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time interests of the suspension or termination will not be grievant and the basis for any reduction in back pay awardedUnion.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 125.01 It is the mutual desire of the parties herein that complaints of employees be adjusted as quickly as possible and it is understood that an employee has no grievance unless a complaint has been referred to the employee’s immediate Supervisor. A The Supervisor shall give an oral decision to the complaint with five (5) workdays. If the employee believes that complaint has not been satisfactorily adjusted, she may proceed to the grievance under procedure. The parties to this Agreement recognize the stewards and the CLAC Representatives as the agents through which employees shall process their grievances.
25.02 Unless stated otherwise, any reference to a number of days in this Agreement shall be a reference to calendar days.
25.03 The Employer or the Union shall not be required to consider or process any grievance which arises out of any action or condition more than five (5) working days, excluding Saturdays, Sundays and holidays after the complaint procedure as outlined in 25.01. If the action or condition is of a continuing or recurring nature, the limitation period shall not begin to run until the action or condition has ceased. The limitation period shall not apply to differences arising between the parties concerning the interpretation, application or administration of this Agreement.
25.04 A “group grievance” is defined as a claim single grievance, signed by a ▇▇▇▇▇▇▇ or a CLAC Representative on behalf of an employeea group of employees who have the same complaint. Such a grievance must be dealt with at successive stages of the grievance procedure, commencing with Step 1. The grievors shall be listed on the grievance form. Should such a grievance be referred to arbitration, the employer, matter shall be adjudicated as a class of employees or the Local Union, covered by the Agreement which “group grievance”.
25.05 A “policy grievance” is defined as a grievance that involves a question relating to the interpretation, administration ofapplication, or compliance with a specific provision administration of this Agreement. A class action policy grievance will may be initially presented submitted by either party at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the A policy grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided submitted by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing signed by a CLAC Representative and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at Employer. A policy grievance submitted by the Step 2 level of this procedureEmployer shall be signed by the Employer or his representative.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at 25.06 Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.1
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. 8.01 A grievance under this Collective Agreement shall be defined as a claim difference or dispute between the Employer and any Employee(s) or the Union. The Union and Employer agree that it is the mutual desire of the parties that grievances should be dealt with as quickly as possible.
8.02 At the time formal discipline is imposed, an employeeEmployee is entitled to be represented by her or his Union representative. In the case of suspension or discharge, the employer, a class of employees or Employer shall notify the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision Employee of this Agreement. A class action grievance will be initially presented at Step 2 right in advance.
8.03 All grievances shall identify the nature of the grievance procedure.
Section 2. The selection and shall contain a brief outline of the facts and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3remedy/sought. All grievances shall be reduced to writing filed in accordance with the procedure outlined in this Article, and on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts prescribed Union form, which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of appended to this Collective Agreement.
Section 48.04 Grievances properly arising under this Collective Agreement shall be adjudicated and settled as follows: A complaint from an Employee shall first be discussed with her immediate supervisor or delegate as soon as reasonably possible and prior to filing a grievance. For If there is no settlement of the complaint through discussion it shall then be taken up as a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1manner and sequence: Grievances The Union shall be presented in writing to file the aggrieved employee’s immediate supervisor for discussion grievance with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the Employee's supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ designate within five (5) calendar days after of the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached failed settlement discussions. The Bargaining Unit President and the Employee(s) concerned shall meet as promptly as possible with the Director or her designate and such other persons as the Director or designate may desire, to consider the grievance. The Director or designate shall render, in Step 1writing to the Union, the grievance shall then be presented, in writing, decision of the Employer with regard to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites grievance within ten (10) calendar days following the meeting. If the decision is not satisfactory to the Union, the grievance shall be presented at Step Two as follows: Within seven (7) days after the receipt by decision is given under Step One, the Union ▇▇▇▇▇▇▇ of must submit the written answer derived from grievance, to the Step 1 discussionExecutive Director or designate. The matter shall be investigated Bargaining Unit President, the Employee(s) concerned and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) a representative of the Union, the grievantshall meet as promptly as possible, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, but within fourteen (14) calendar days, with the Executive Director or designate to consider the grievance. The Employer will, within ten (10) days following the meeting, provide a written response to the Union. If the Union is not satisfied with the response of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this stepEmployer, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.twenty
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1The purpose of this grievance procedure is to establish effective machinery for the fair, expeditious, and orderly adjustment of grievances. A Grievances within the meaning of this procedure shall consist of all disputes about interpretations and applications of particular clauses of this agreement, and about alleged violations of this agreement. Other grievances not relating to this contract may be submitted and can be processed through Step 3 of this grievance under this Agreement procedure. Employees may file grievances only on their own behalf or a union ▇▇▇▇▇▇▇ or officer may file on behalf of the union or an aggrieved employee. Grievances must be filed within twenty-one (21) calendar days after the last event giving rise to the grievance. Grievances shall be defined presented as a claim of an employee, the employer, a class of employees follows:
a. Step 1 Employees may talk with their ▇▇▇▇▇▇▇ or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Uniontheir immediate commanding officer during their shift. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for and/or employee may then discuss the grievance and with the officer and/or commanding officer in charge. Officers and/or commanding officers, upon receiving a grievance, shall specify any Article or Section of have seven (7) calendar days in which to submit their answer orally. Officers and/or commanding officers shall consult with the Agreement chief before answering the grievance, unless the Chief is unavailable; in which may be involved. The case the officer and/or commanding officer will give an answer orally.
b. Step 2 If the grievance form shall be dated and signed by is not satisfactorily disposed of, the aggrieved employee (a ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to or union officer may be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing on behalf of the Union) shall submit it with in the supervisor involved. If the grievance is not resolved, it shall be presented in writing required written form to the Employer as provided for in Section 3 and Section 4 aboveChief, and it shall be processed inform the Director of Human Resources of this submission. The Chief, or in the following manner:
Step 1: Grievances Chief's absence, a designated representative, shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion appeal is reached in Step 1, the grievance shall then be presented, in writing, make arrangements for a meeting to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place held within seven (7) calendar days of the request unless mutually waivedpresentation of the appeal. The Human Resources meeting shall include the Chief and one representative of the Chief and the employee, the ▇▇▇▇▇▇▇ and/or union officer. The union representatives may meet for fifteen (15) minutes immediately prior to the joint meeting. The Chief shall review the case and an answer shall be placed on the written form and presented to the employee and union representative within seven (7) calendar days after the scheduled meeting.
c. Step 3 If the Chief's answer is unsatisfactory to the employee, there shall be a right to appeal to the City Administrator. All appeals shall be presented to the office of the City administrator by a representative of the Union. The date and hour of such a presentation shall be endorsed upon the grievance form by the City Administrator, or by the person receiving same on the Administrator's behalf. The City Administrator, or an authorized representative, or designee, shall render a decision in writing to the Local Union President, or designeeshall, within fourteen seven (147) calendar days after the appeal is presented, make arrangements for a meeting to be held within seven (7) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at presentation of the end appeal. Said meeting shall be attended by the City Administrator, or someone acting in the Administrator's capacity, and by the aggrieved employee's representative(s) of Step 2the union signing the grievance, either party to this Agreement shall give notice and may also be attended by appropriate officials of its desire to arbitrate the grievance by sending a letter to City and the Federal Mediation Union. The City Administrator, or someone acting in the Administrator's capacity, shall, within the said seven (7) day period, notify the union representative(s) signing the grievance, and Conciliation Service the aggrieved employee, of the day, time, and place of said meeting. The City Administrator, or someone acting in the Administrator's capacity shall, within seven (FMCS) within forty-five (457) calendar days after receipt of such a meeting, mail a written answer to the Step 2 answer, which:
a.Union representative(s) requests arbitration identifying signing the grievance and including whatever forms are required by to the Mediation Serviceaggrieved employee. The answer to be sent to the union representative(s) shall be sent to ▇▇▇ Arbor Fire Fighters Association, ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇., Ann Arbor, Michigan 48103; and
b.) requests the Mediation Service answer to send be sent to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt the aggrieved employee shall be sent to the employee's home address as shown on the employment records of the copy City. In lieu of mailing an answer, in the City Administrator's discretion, the grievance may be submitted to a member of the listsAmerican Arbitration Association (who is agreeable to both parties). In such a case, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense decision of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the both parties. If either party violates The Union representative(s) and the agreement achieved at this step then the other party employee may move the matter immediately meet for thirty minutes prior to arbitration.
Section 12said meeting. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the The Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at shall be allowed necessary time off with pay to investigate the Step 2 level of this procedurenature and circumstances surrounding the grievance.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours d. Step 4 If an answer of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known City Administrator is unsatisfactory to the Local Union, and the Executive Board decides to take the matter to arbitration, the Union must notify the City Administrator of its intention to appeal the grievance to arbitration within seven (7) calendar days after the decision has been received. The grievance may be submitted to a mutually agreeable arbitrator. If the parties are unable to agree as to an arbitrator, the services of the American Arbitration Association shall be submitted at Step 2 of this procedure.
Section 14used in making a selection. The award of an Provided, however, submission to a mutually agreeable arbitrator shall or to the American Arbitration Association must be final and binding on in writing within thirty (30) calendar days after the Union, its members, notice to appeal has been timely filed with the employee or employees involved and the Employer.
Section 15City Administrator. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awardedbinding on both parties.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under 27.1 The Parties agree that every effort will be made to resolve complaints between Employees and management before the complaint becomes a written grievance.
27.2 In the event of a dispute between any member or members of the bargaining unit and the Employer, in reference to the application, administration, interpretation or alleged violation of this Agreement Agreement, the following shall be defined as the procedure for adjustment and settlement thereof:
Step 1: The grievance shall be presented in writing to the Employer or designate within ten (10) days of the arising of such grievance when the nature of the grievance shall be discussed, in an attempt to reach a claim settlement. Management shall respond in writing within five (5) days of an employeereceipt of the written grievance outlining the Employer's position.
Step 2: Failing settlement at Step 1, the Local grievance committee shall meet with the Managing Director or designate, in order to attempt to settle the grievance within ten (10) days of the Step 1 response. The Employer shall respond with a position within five (5) days of the Step 2 meeting.
Step 3: Should the Union disagree with the written position of the employer, the matter may be referred to the Ministry of Labour pursuant to the Labour Relations Code upon mutual agreement of the parties; or to a class of employees special investigation pursuant to the Labour Relations Code or to a mutually acceptable single arbitrator. The Employer and the Local UnionUnion shall bear the Arbitrator's costs equally.
27.3 The arbitrator shall not have the power to change, covered by modify, extend or amend the Agreement which involves the interpretation, administration of, or compliance with a specific provision provisions of this Agreement, but shall hear the parties and settle the terms of the question to be arbitrated and make the award within fifteen (15) days from the date of the hearing. A class action grievance will This time limit may be initially presented extended by mutual agreement between the Employer and the Union. The decision of the arbitrator shall be final and binding on both parties.
27.4 In dismissals and matters of general concern where time is of the essence, the matter may be admitted at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement shall be defined as a claim complaint by any member of the bargaining unit or Association based on an employeeevent or condition, the employer, which is a class of employees violation or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision misapplication of this Agreement. A class action Nothing contained herein shall be construed to prevent any individual Administrator from presenting a grievance will be initially presented at Step 2 and having the grievance adjusted without intervention of the grievance procedure.
Section 2Association, if the adjustment is not consistent with the terms of this contract. The selection and It is expressly understood that non- renewal of an Administrator’s individual contract of employment by the assignment of supervisory employees Board is the sole responsibility of the Employer and shall not be subject to the grievance procedure. Procedures to be followed by the Administrator who files a grievance:
Step 1. An informal discussion shall be first held directly with the Superintendent or his designee within three {3} working days of the occurrence or knowledge thereof. A Huron Administrators’ Association official may represent the aggrieved, if so desired.
Section 3Step 2. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for Should the grievance and shall specify any Article or Section not be resolved informally within five {5} working days of the Agreement which conference, a written grievance may be involvedreferred to the Superintendent, stating:
A. The nature of the grievance
B. Articles violated
C. Action requested
D. A written signature of the party submitting the grievance. {A Huron Administrator’s Association official may submit the written grievance on behalf of the grievant, or in the case of a group grievance, on behalf of the Association.} The grievance form Superintendent or his designee shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar have ten {10} working days after the discussion with receipt of the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must written grievance to schedule a conference to attempt to resolve a grievance by first discussing it with the supervisor involved. If complaint and five {5} days thereafter to submit his answer and the grievance is not resolved, it shall be presented reasons therefore in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:grievant.
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after A. Within ten {10} working days of receipt of the grievance and within seven (7) calendar days. Superintendent’s decision, the Union may submit the matter to the American Arbitration Association in the event the decision is unsatisfactory to the Union.
B. The supervisor or designee’s written answer arbitrator shall be made available selected in accordance with the rules, regulations and methods recommended by the American Arbitration Association.
C. The decision of the Arbitrator shall be final and conclusive and binding upon employees, the Employer and the Association subject to the right of the Board or the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussionto judicial review.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇. ▇▇▇▇▇▇ of the written answer derived Arbitrator are subject to the following limitations:
1. S/he shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement.
2. S/he shall have no power to establish or to change any existing salary schedule.
3. S/he shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Employer as to the reasonableness of any such practice, policy, rule or any action taken by the Board, except where such practice, policy rules or action is in conflict with this Agreement.
4. S/he shall have no power to interpret State or Federal law except as specifically mentioned in the Agreement.
5. S/he shall not hear any grievance barred from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) scope of the Uniongrievance procedure.
E. After a case on which the Arbitrator is powered to rule hereunder has been referred to his/her, it may not be withdrawn by either party except by mutual consent.
F. If either party disputes the arbitrability of the grievance under the terms of this Agreement, the grievant, if appropriate, and if Arbitrator shall first rule on the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days arbitrability of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to grievance before s/he hears the Local Union President, or designee, within fourteen (14) calendar days merits of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. G. The Arbitrator may hold several hearings in one session in order to hear grievances.
H. The cost and the expense of the arbitrator and the hearing room Arbitrator shall be shared borne equally by the parties. All other expenses shall be borne by the party incurring them, and neither except each party shall be responsible assume its own cost for the costs of the otherrepresentation.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement shall be defined as a claim of an employee, the employer, a class 36.1 An employee or group of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty thirty (2030) calendar days after the discussion with first occurrence of the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt event giving rise to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented present such grievance through the Grievance Committee in writing to the Employer as provided for in Section 3 and Section 4 aboveChief, and it shall be processed or in the following manner:Chief's absence, to his or her authorized representative.
Step 1: Grievances 36.2 The Chief or his or her authorized representative shall be presented present the Employer's position in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ employee or employees and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place Grievance Committee within seven (7) calendar days after receipt of such grievance. Grievances not resolved within the request unless mutually waived. The Human Resources representative, Fire Department must be presented by the employee or designee, shall render a decision employees through the Grievance Committee in writing to the Local Union President, or designee, Chief Administrative Officer within fourteen twelve (1412) calendar days after the Chief has given his or her reply to such grievance. The Chief Administrative Officer shall reply to the aggrieved Employee or Employees and the Grievance Committee within twelve (12) calendar days after receipt of such grievance. The resolution of grievances settled by the Step 2 discussionprocedures set forth in this paragraph shall be reduced to writing and signed by the Grievance Committee and the Employer.
Step 3: 36.3 If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to is not settled in accordance with the Federal Mediation and Conciliation Service foregoing procedure, the Grievance Committee may, within nine (FMCS) within forty-five (459) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying reply of the Chief Administrative Officer submit the grievance and including whatever forms are required to arbitration by serving notice in writing of such submittal upon the Mediation Service; and
b.) requests the Mediation Service Chief Administrative Officer. The parties shall attempt to send to each party a list of agree upon an arbitrator within seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt after submittal of the copy grievance to arbitration and in the event the parties are unable to agree upon an arbitrator within said seven (7) day period, either party may request the Bureau of Mediation Services of the lists, State of Minnesota to submit a representative panel of five (5) arbitrators. The parties shall each party shall have the right to alternately strike a one (1) name from the panel until one name is leftremains. The determination of If the parties are unable to agree on who strikes first may be made by the coin toss with the loser making shall strike the first strikename, the question shall be decided by a flip of the coin. The remaining name person shall be the arbitrator. The arbitrator shall be notified of his/her selection by a joint letter from the parties requesting that he/she set a time and a place for that a hearing on the grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed , subject to the next Step availability of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 1136.4 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. If a grievance cannot be resolved at Step 2, He/she shall consider and decide only the parties may mutually agree specific issue(s) submitted to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS him/her in a letter signed writing by the parties, and shall have no authority to make a decision on any other issue not so submitted to him/her. The parties agree that a More than one (1) grievance mediation session shall may be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled heard by the same arbitrator by mutual written agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority parties. Either party may, if it desires, submit a brief to the mediation sessions who have been part arbitrator setting forth its position with respect to the issue(s) involved in a grievance. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws and rules and regulations having the force and effect of law. The arbitrator shall submit his/her decision in writing to the parties and shall file a copy of such decision with the Bureau of Mediation Services of the State of Minnesota. The decision shall be based solely upon his/her interpretation of the meaning or application of the express terms of this Agreement to the facts of the grievance process with the goal of coming to a decision that daypresented.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting 36.5 The decision of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding upon the parties, except that an appeal may be taken to the District Court on the Union, its members, grounds that the employee or employees involved and the Employer.
Section 15. The decision order of the arbitrator may violates the provisions of Minnesota Statutes Annotated, Section 179.72, Subd. 7, or may not include “make whole” decisions with respect its successor, relating to back pay, provided, however, if an the scope of such order.
36.6 The fee and expenses of the arbitrator shall award back wages covering be divided equally between the period parties. Each party shall be responsible for compensating its own witnesses. If either party desires a verbatim record of the arbitration proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of such proceedings, the cost shall be shared equally.
36.7 If a grievance is not presented within the time limits set forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Grievance Committee may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the parties involved in each step.
36.8 All documents, communications, and records dealing with a grievance shall be filed separately from the personnel files of the employees involved until final discipline is imposed pursuant to Minnesota law.
36.9 Access to all information necessary to the determination and processing of a grievance shall be made available to all participants, to the extent possible under law.
36.10 If as a result of the reply of the Chief Administrative Officer’s response in Section 36.2, the grievance remains unresolved and if the grievance involves suspension, demotion, or discharge of an employee’s separation from Employee who has completed the Employer’s payrollrequired probationary period, the amount grievance may be appealed either to Section 36.3 or to another procedure such as awarded Veterans Preference or fair employment. If appealed to any procedure other than Section 36.3, the grievance shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be subject to the basis for any reduction arbitration procedure provided in back pay awardedSection 36.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. 19.1 A grievance under this Agreement shall be defined as a claim of an employee, dispute or complaint arising between the employer, a class of employees parties hereto under this Agreement or the Local Union, covered by the Agreement which involves the interpretation, administration ofapplication, performance or compliance any alleged breach thereof, and shall be processed and disposed of in the following manner: Step One: Within fourteen (14) calendar days (except as provided in Article 18.2), an Employee having a grievance and/or his/her Union representative or other representative shall take it up with a specific provision the Employee's immediate supervisor. The Employer shall give its answer to the Employee and his/her Union representative, within five working days after the presentation of this Agreementthe grievance at Step 1. A class action Step Two: If the grievance will is not settled in Step One, the grievance may within fourteen (14) calendar days after the answer in Step One, be initially presented in Step Two to the Vice-President of Human Resources or his/her designee. When grievances are presented at Step 2 of Two, the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4grievant or his/her Union Representative. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within Within seven (7) calendar days of receipt of the request unless mutually waivedwritten grievance, the Vice-President of Human Resources, and/or his/her designee shall meet with the grievant and his/her Union Representative(s). The Human Resources representativeWithin ten (10) calendar days of such a meeting, or designee, the Employer shall render a decision respond in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
grievance. Step 3Three: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the is not settled in Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2Two, the parties Union may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCSarbitration in accordance with article 20.
19.2 Failure on the part of the Employer to answer a grievance at any Step shall not be deemed acquiescence thereto, and the Union may proceed to the next Step.
19.3 Anything to the contrary herein notwithstanding, a grievance concerning a discharge or suspension may be presented initially at Step Two, within the time limits specified in this Article. Such submission will In addition, a grievance which affects a substantial number or class of employees, or which the Employer representatives designated in Step One lacks authority to settle, may initially be made to FMCS in a letter signed presented at Step Two by the parties. The parties agree that a grievance mediation session Union.
19.4 All time limits herein specified shall be held every month for deemed to be exclusive of holidays except as noted. It is the purpose intent of mediating up to eight (8) unresolved the parties that all grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance filed and every effort will processed promptly, but the time limits specified herein may be made to use a regular day each month. Grievance mediation sessions may only be cancelled extended by the mutual agreement of the parties in writingwriting (e-mail is an acceptable written format). The time limits set forth herein are substantive provisions and failure to comply with any such time limit by the union shall be a complete bar to any further action with respect to such grievance.
b.) Management will bring 19.5 If an employee grieves any assignment, directive, rule, regulation or management determination which affects him/her, he/she shall obey the appropriate personnel with assignment, directive, rule, regulation or management determination until a final decision making authority to the mediation sessions who have has been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of made regarding the grievance, shall be reduced except where an employee has a reasonable belief that the environment posses a threat to writing their safety and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held health, a violation of their Nursing License or, in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearingemployee’s professional judgment, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted a danger to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedurepatient.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1(a) Level 1 A grievance must be filed in the form of written notification to the School Principal or the Assistant Principal no more than thirty (30) days after the grievant knew or reasonably should have known of the grievance. The grievant and the Union representative shall meet with the School Principal or Assistant Principal in an attempt to resolve the grievance. A grievance under this Agreement written response shall be defined as a claim of an employee, provided to the employer, a class of employees or the Local Union, covered Union by the Agreement which involves Principal or Assistant Principal within ten (10) days of the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 receipt of the grievance procedureby the Principal.
Section 2. The selection and (b) Level 1 If a grievance arises from the assignment action of supervisory employees is authority higher than a Principal, the sole responsibility of the Employer and shall not be subject to the Union may present such grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇at Level 2 without going through ▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for ▇ provided a copy of the grievance and shall specify any Article or Section be provided to the Principal at the time of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreementfiling.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20c) calendar Level 2 Within ten (10) days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It Principal’s decision is understood by the parties that due, the Union representative and shall have the aggrieved employee must attempt right to resolve a grievance by first discussing it with appeal the supervisor involved. If the grievance is not resolved, it shall be presented in writing decision to the Employer as provided for in Section 3 and Section 4 above, and it Director of Human Resources. The Director or his/her designee shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion meet with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s issue a written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites response within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ days. A brief statement of the written answer derived reason or reasons for the denial of the grievance shall be included in the response. This, however, shall not limit the Board’s defenses in arbitration. Within twenty (20) days from the Step 1 discussion. The matter shall be investigated and discussed by date the decision of the Director of Human Resources representativeor his/her designee is due, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, and not any individual employee(s), may submit the grievantgrievance to arbitration, if appropriate, and if except that an individual employee with tenure may submit to arbitration a grievance involving dismissal.
(a) Submission to arbitration shall be by letter from the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing Union to the Local Union President, American Dispute Resolution Center (ADRC) or designee, within fourteen the American Arbitration Association (14AAA) calendar days (whichever agency the parties mutually agree to use from time to time) for resolution in accordance with their then current rules. A copy of said letter shall be forwarded to the Step 2 discussionSuperintendent and the Director of Human Resources.
Step 3: If no mutually satisfactory conclusion (b) The arbitration hearing shall be scheduled at a time and place convenient to the parties and shall be conducted under ADRC or AAA rules.
(c) In any case where the evaluative judgment of management is reached at subject to arbitration, the end arbitrator shall not substitute his/her judgment unless the Union can show that management acted arbitrarily or capriciously.
(d) The Arbitrator’s decision shall be final and binding on the parties, provided, however, the submission of Step 2a question of substantive arbitrability to an Arbitrator in the first instance shall not be deemed an election or waiver by the State of its right to de novo judicial review over such question. In all other respects the scope of judicial review over arbitrable awards under State law shall not be expanded or diminished by this contract.
(e) Only disputes over the violation, either party to misinterpretation or improper application of a specific provision or term of this Agreement shall give notice be arbitrable except that among such disputes the following matters shall not be arbitrable:
(1) The failure or refusal by the Board to renew the contract of its desire or reappoint a probationary (non-tenured) instructor.
(2) Disputes over unsafe working conditions under Article 10, Section Four or unless the State Department of Labor has declined jurisdiction.
(3) As limited by Article 9, Section One(c).
(4) Disputes over promotions under Article 11, Section Four.
(f) The Arbitrator will be without power or authority to arbitrate alter, add to, or subtract from the grievance by sending provisions of this Agreement or to make a letter to decision which is violative of or inconsistent with the Federal Mediation terms of this Agreement or applicable law.
(g) Fees and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt expenses of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name Arbitrator shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared borne equally by the parties. All other Witnesses and grievants necessary to the proceeding and the Union officer or representative presenting the case shall suffer no loss of pay when called to arbitration hearings. Other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the otherexpenses.
Section 10. Not more than a single grievance arising under this Agreement (h) The parties may be arbitrated in a single proceeding before an agree that any arbitrator unless by mutual agreement in writing signed who has been previously appointed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may ADRC or AAA and remains mutually agree acceptable to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that , be designated to hear a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, howeverpending matter, if an arbitrator shall award back wages covering such selection would expedite the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awardedresolution process.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement shall be defined as a claim of an employee, the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided initiated by the Union. The ▇Time limits specified throughout this process may be extended by mutual agreement. Grievances shall be initiated by the Union in writing within twenty (20) working days following the completion of any attempt at informal resolution under Clause 21.01 (a). If the informal dispute resolution process under ▇▇▇▇▇▇ 21.01 (a) is not utilized by the grievor, then a grievance must be initiated by the Union within sixty (60) working days after the date on which the grievor first became aware of the action or circumstance giving rise to the grievance. The Union will present the written grievance to the appropriate Employer representative at a meeting scheduled to discuss the matter and the parties will attempt to reach a resolution. The Employer shall clearly and concisely state all facts which constitute have ten (10) working days after the basis for Step One grievance meeting to respond in writing. If the grievance has not been resolved in Step One, the Union will, within ten (10) working days, provide a detailed description in writing to the appropriate Administrator and shall specify any Article or Section Human Resources specifying the nature of the grievance, the Union’s arguments, the violation of the Collective Agreement which may be involvedand the suggested remedy. The grievance form appropriate Administrator will provide the Union with a written response within ten (10) working days. Failing a resolution at Step Two, the President’s office shall be dated and signed by receive written submissions from both parties. The Union shall submit the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a written grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, the President’s office within twenty (20) calendar working days after of receiving the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5Employer’s Step Two written response. Any time limit imposed upon the handling of grievances The Employer representative shall commence on make their submission within twenty (20) working days from the date on which the President’s office received the Union’s submissions. The President or designate retains the option of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by calling the parties that together to seek or recommend a resolution. Should no resolution acceptable to the Union representative and parties be achieved, the aggrieved employee must attempt to resolve President or designate will provide a grievance by first discussing it with written decision within 10 (ten) working days of receiving the supervisor involvedEmployer representative’s submissions. If the grievance Union determines within 10 (ten) working days of receiving the President or designate’s written response that the decision is not resolvedacceptable, it the Union has the option of submitting the grievance to arbitration. When a party has requested that a grievance be submitted to arbitration, the parties shall attempt to reach mutual agreement on the appointment of a single arbitrator (the “Arbitrator”). If agreement cannot be reached, an Arbitrator will be chosen by lot from the list in Appendix D of the Common Agreement. The Arbitrator shall give full opportunity to all parties to present evidence and make representations. The Arbitrator shall hear and determine the difference or allegation and shall make every effort to render a decision within thirty (30) days of the conclusion of the proceeding. The decision of the Arbitrator shall be presented in writing final, binding, and enforceable on the parties. The Arbitrator shall have the power to dispose of a discharge or discipline grievance by any arrangement which the Arbitrator deems just and equitable. The Arbitrator shall not have the power to change this Agreement or alter or amend any of its provisions. Should the parties disagree as to the Employer as provided for in Section 3 and Section 4 abovemeaning of the Arbitrator’s decision, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing either party may apply to the aggrieved employee’s immediate supervisor for discussion with Arbitrator to clarify the Union ▇▇▇▇▇▇▇ and decision, which the grievant, if the aggrieved employee is willing and able Arbitrator shall make every effort to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and do within seven (7) calendar days. The supervisor or designee’s written answer Each party shall be made available to the Union ▇▇▇▇▇▇▇ within five pay one half (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s1/2) of the Union, the grievant, if appropriate, fees and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days expenses of the request unless mutually waivedArbitrator. The Human Resources representative, or designee, shall render a decision At any point in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2process, the parties may mutually agree by mutual consent refer the matter to submit the grievance a mediator agreed to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. A. Definition A grievance under this Agreement shall be defined as a claim of an employeedispute or complaint arising between the Parties hereto concerning the proper application, the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision any alleged breach of this Agreement, which arise during the term of the Agreement. A class action grievance will be initially presented at Step 2 The intent of this Article is to achieve resolution of the grievance procedureat the lowest possible level in the employee’s chain of command.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility B. Time Limits for Waiver of the Employer and shall not be subject to Grievance Procedure
1. Any step or meeting in the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which procedure may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid onewaived, it must be presented to an Employer representative in writing, as described only by mutual agreement in Section the grievance procedure may be waived, in writing, only by mutual agreement of the parties. Request for a waiver must be received by the responding party prior to the expiration of the time limits of the Step or meeting to be waived.
2. Time limits may be extended in writing at any step by mutual agreement of the Union Representative and the grievance step’s management designee.
3, within twenty (20) calendar days after the discussion . Grievances not answered in accordance with the Supervisor involved as outlined in Section 6 belowgrievance procedure shall be deemed automatically appealed to the next step.
Section 4. Time frames will commence from the date the response is received by certified mail, facsimile, email, in person or communicated by direct phone contact with the party responsible for issuing or accepting the response.
5. Any grievance not appealed from one step to the next in accordance with the time limit imposed upon the handling of grievances limits set forth in this Article shall commence be considered settled on the date basis of receipt. Any time limit so imposed shall be interpreted as calendar daysManagement’s last answer and not subject to further appeal.
Section 6C. Step One: Immediate Supervisor (Department Manager or Supervisor)
1. It is understood by the parties that Within fifteen (15) work days after an incident has occurred, any employee(s) having a grievance, or the Union representative and Representative/delegate representing the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If employee, shall file the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee the manager who is alleged to have violated the agreement, except as may be permitted otherwise by Section F of this Article.
2. Issues regarding the interpretation of this Agreement shall be held promptly after receipt addressed directly with the Human Resources Administrator or designee at Step Three.
3. The written grievance shall state the section of the agreement violated explaining the grievance in detail including applicable dates and within seven (7) calendar dayswitnesses or documents and the remedy sought. A statement to the effect that the employee “be made whole” is not an adequate statement of the remedy sought. The written grievance must be signed by the employee or, if represented, by the Union Representative/delegate.
4. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, meet with the designee(sgrievant(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place Union representative within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.ten
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under For the purpose of this Agreement shall be defined as a claim of an employee, the employerAgreement, a class grievance is any difference or dispute between the Employer and the Union, an employee or group of employees concerning the interpretation or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision application of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection parties agree to make prompt and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis efforts to resolve such matters. The procedure for the handling a grievance and shall specify pertaining to any Article such difference or Section of the Agreement dispute which may be involved. The grievance form arise under this Agreement, shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreementas follows, except that grievances involving disciplinary suspensions, transfers or terminations may be taken directly to Step 2.
Section 4STEP 1. For Since it is in the best interest of all concerned that a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative promptly and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not expeditiously resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 abovean aggrieved employee(s), and it shall be processed in if the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with employee desires the Union ▇▇▇▇▇▇▇ and the grievantand/or Union Representative, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the present such grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt grievant(s) knew or had reason to know of the event giving rise to the grievance. The Account Manager/Employer designee shall respond within ten (10) calendar days.
STEP 2. If the matter is not settled in the first step, and the Union wishes to further pursue it, the grievance shall be reduced to writing and presented to the responsible Human Resources Manager or other management employee designated by the Employer within ten (10) calendar days following response at the first step or the date on which it was due whichever is earlier. The aggrieved employee, the Union ▇▇▇▇▇▇▇ of ▇, and a Union Representative may request a meeting to discuss the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by grievance with the Human Resources representative, or designee, including Manager; such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place be scheduled within seven ten (710) calendar days of the request unless mutually waivedthis request. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement Manager shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service his or her written response within ten (FMCS) within forty-five (4510) calendar days after receipt of the Step 2 answersecond step meeting.
STEP 3. If the matter is not settled in the second step, which:
a.) requests arbitration identifying and the Union wishes to further pursue it, the grievance and including whatever forms are required shall be presented to the Employer’s Principal Officer or other management employee designated by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven Employer within ten (7) names of arbitrators.
Section 7. No later than fourteen (1410) calendar days following receipt of response at the copy of second step, or the listsdate on which it was due, a representative of each party shall alternately strike a name until one name whichever is leftearlier. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2aggrieved employee, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange ▇, and a Union Representative may request a meeting at to discuss the Step 2 level grievance with the Principal Officer or other management employee designated by the Employer; such meeting shall be scheduled within ten (10) calendar days of this procedure.
Section 13request. A grievance alleging discharge without just cause The Principal Officer shall give his or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing her written response within seventy-two ten (7210) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours calendar days after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedurethird step meeting.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Hartford Security Contractors Agreement, Hartford Security Contractors Agreement
GRIEVANCE PROCEDURE. Section
1. A grievance under this Agreement shall be defined Should differences arise between the Cuyahoga DD and the Union as a claim to the interpretation or application of an employee, the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific some express provision of this the Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The , an ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may effort will be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance made to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed settle such differences promptly in the following manner:.
Step 1: Grievances shall be presented in writing . The aggrieved employee may speak to the aggrieved employee’s his/her immediate supervisor for discussion with in an effort to resolve the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussionissue in a timely manner.
Step 2: . If no mutually acceptable conclusion resolution is reached in at Step 1, or if the employee wishes to bypass Step 1, the grievance must be submitted in writing to the employee’s Department Manager within fifteen (15) working days of occurrence giving rise to the grievance. If the grievance involves a supervisor, the grievance shall then advance and be presentedfiled at step 2 of the grievance process. If the grievance involves a different department or unit (QA, SA, or MUI unit), the grievance shall advance and be filed under step 3 of the grievance process. The grievant, Department Manager and a Union representative shall meet within 15 working days of the filing of the grievance to discuss the grievance at a time and in a manner which does not interfere with operations and does not involve the Cuyahoga DD’s clients or visitors. If no settlement is reached at this meeting, the Department Manager shall have five (5) work days after the meeting to respond to the grievance in writing.
Step 3. If the written answer of the Department Manager is deemed unsatisfactory, the grievance must be appealed, in writing, to the Employer's Director of Human Resources representative, or designee, which individual shall handle second step grievances for all sites his designee within ten fifteen (1015) calendar working days after from the day of receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussionappeal. The matter shall be investigated and discussed by the Director of Human Resources representative, or designee, including such Employer representatives as are needed or appropriateand/or his designee shall meet within 15 working days of the appeal of the grievance, with the designee(s) of the Uniongrievant, the grievantUnion representative (s), if appropriate, and if to discuss the aggrieved employee is willing and able to attendgrievance. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion settlement is reached at this meeting, the end Director of Human Resources or his designee shall have five (5) work days to respond to the grievance in writing.
2. If the Union is not satisfied with the answer at Step 23, either party the Union may submit the grievance to this Agreement shall give arbitration by serving written notice to the Cuyahoga DD of its desire to arbitrate do so within twenty (20) work days of receipt of the grievance by sending a letter to Step 3 decision after the next Union Executive Board meeting. Following initial notification, the Union must notify the Federal Mediation and Conciliation Service ("FMCS") within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party request that it provide a list panel of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of In the copy of event the listsGrievant has filed an internal appeal within SEIU 1199, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed Union will give written notice to the next Step of Human Resources Director or designee and will have no more than 45 days after the Grievance procedure immediately. Grievances may Executive Board meeting to inform the Board if an appeal will be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring themgranted, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced have ten (10) days from that date to writing send its written request to FMCS. The Union and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at Cuyahoga DD shall alternatively eliminate from the Step 2 level panel the arbitrator of this procedure.
Section 13their choosing until only one arbitrator remains. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in The sole arbitrator shall hear the work force shall be reduced to writing within seventy-two (72) hours case. The decision of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its membersCuyahoga DD, the employee or employees involved Union and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16employees. The arbitrator shall decide the grievance in accordance with the expressed provisions of this Agreement and shall have no authority to alteradd to, amend subtract from, or change in modify any way the terms and conditions part of this Agreement and shall confine their decision to a determination Agreement. The expenses of the facts arbitrator, including his/her time, travel and interpretation, administration of, and compliance with miscellaneous expenses shall be borne equally by the terms of the Agreementparties.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 19.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. A The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.
9.02 In all steps of this grievance under this Agreement shall procedure an aggrieved employee, if she so desires may be defined as accompanied by or represented by her nurse representative. At Step 1 of the grievance procedure a claim representative of the Ontario Nurses’ Association may be present at the request of either party.
9.03 Should any dispute arise between the Employer and an employee, or between the employer, a class of employees or Employer and the Local Union, covered by the Agreement which involves as to the interpretation, application, administration of, or compliance with a specific provision alleged violation of any of the provisions of this Agreement. A class action grievance , the employee or union representative will be initially presented at Step 2 bring it to the attention of the grievance procedure.
Section 2. The selection and the assignment Director of supervisory employees is the sole responsibility of the Employer and shall not be subject Care or designate to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites settle such differences within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request unless mutually waivedthe assistance of her employee representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Human Resources representative, or designee, Administrator shall render give a written decision in writing within ten (10) days of the meeting to the Local Union Presidentwith a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or designee, within fourteen (14) calendar days of the Step 2 discussionabandoned.
Step 3: If no mutually satisfactory conclusion is reached at 9.04 A written grievance will indicate the end nature of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required the remedy sought by the Mediation Service; and
b.) requests grievor. Union grievances shall be set on the Mediation Service union grievance form. Alternately, the parties may agree to send to each party an electronic version of this form and a list of seven (7) names of arbitratorsprocess for signing.
Section 7. No later than fourteen (14) calendar days following receipt of 9.05 Time limits fixed in the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first grievance and arbitration procedures may be made extended only by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by written, mutual consent of the parties in writingparties. Failure Should the Employer not respond within the time(s) fixed, such failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room respond shall be shared equally by the parties. All other expenses shall deemed to be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting denial of the grievance, shall be reduced to writing and signed at the . Should a grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should submitted within the parties reach agreement at various time limits specified in this stepAgreement, unless mutually extended, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately considered to arbitrationhave been settled or abandoned.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement shall be defined as a claim of an employee, a) Grievance means any difference between the employer, a class of employees or the Local Union, covered parties bound by the Agreement which involves the concerning its interpretation, administration of, application or compliance with a specific provision of this Agreementalleged violation thereof.
b) Employees will have union representation in any grievance or disciplinary meeting. A class action grievance will be initially presented at Step 2 Representatives of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and union shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The include shop ▇▇▇▇▇▇▇ shall clearly at the first step and concisely state all facts which constitute the basis for the grievance and shall specify may include any Article or Section officer of the Agreement which may be involved. The grievance form shall be dated and signed by the union or shop ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreementfurther steps.
Section 4c) Efforts to resolve grievances, up to but not including arbitration, shall be made on company time. For a The griever(s) may be present for any formal meeting throughout the grievance to and arbitration procedure. Meetings will be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after scheduled taking into consideration operating issues and will not hamper the discussion with efficiency of the Supervisor involved as outlined in Section 6 belowpaper.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed d) The following grievance procedure shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following mannerobserved:
Step 1: Grievances shall be presented in writing to An employee, accompanied by the aggrieved employee’s immediate supervisor for discussion with the Union shop ▇▇▇▇▇▇▇ and ▇, shall within thirty (30) days of when the grievantcircumstances giving rise to the grievance were known or should reasonably have been known to the griever, if raise the aggrieved employee is willing and able to attendmatter orally with the employee’s immediate supervisor. The discussion with the supervisor or his or her designee shall be held promptly after receipt of reply to the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion the employee is reached not satisfied with the outcome of the discussions described in Step 1 above he/she may proceed to the second step of the grievance procedure. In such cases, the employee, accompanied by a union representative, will within nine (9) days of the reply at Step 1, present the grievance shall then be presented, in writing, writing to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussionPublisher. The matter grievance shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place answered in writing within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days receipt of the Step 2 discussiongrievance.
Step 3: If no mutually satisfactory conclusion is reached the two parties are unable to agree at the end second step, then the party raising the grievance may refer the matter, including any dispute as to whether the matter is arbitrable, to arbitration within twenty-one (21) days of the reply in Step 23.
e) In general, it is intended that grievances which are not resolved by Step 3 shall be submitted to a single arbitrator. However, either party may elect to this Agreement submit a grievance to an Arbitration Board of three members, in which case the other party shall give notice of its desire comply. The referral to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party shall include a list of seven (7) names for a single arbitrator or the name of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt a nominee to the arbitration board of the copy party requesting arbitration. The recipient of the listsreferral shall, a representative within ten (10) days, notify the other party in writing of each party shall alternately strike a name until its acceptance of one name is leftof the proposed arbitrators, or submit its own list of single arbitrators, or in the case of establishing an arbitration board, submit its nominee to the arbitration board. The determination of who strikes first may be made Policy grievances by the coin toss with the loser making the first strike. The remaining name Union and Company shall be the arbitrator for that grievancetabled at Step 2. Either party may reject a panel of arbitrators and will have the right to request one additional panelexpedited arbitration.
Section 8. Any grievance not answered f) The parties shall endeavor within ten (10) days to agree upon a single arbitrator, or in the specified time periods may be appealed case of an arbitration board, the nominees shall endeavor to agree on a chairperson for the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring themarbitration board, and neither party shall be responsible for the costs of the other.
Section 10. Not more than where a single grievance arising under this Agreement may be arbitrated in arbitrator or a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance chairperson cannot be resolved at Step 2agreed to or where either side fails to appoint a nominee to an arbitration board, the parties Ministry of Labour of Ontario may mutually agree be asked to submit make the grievance appointment.
g) The Board of Arbitration or single arbitrator shall convene a hearing as soon as possible to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by hear and determine the partiesmatter. The parties agree that a grievance mediation session arbitrator or board shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to issue a decision that day.
c.) Any grievance settlement, whether it represents a compromise between and the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator decision shall be final and binding on upon the parties and upon any employee and employer affected by it. In the case of an Arbitration Board, the decision of the majority is the decision of the board, but if there is no majority decision, the decision of the Chair shall govern.
h) Each party shall pay the fees and expenses of its appointee to an Arbitration Board and the Employer and the Union shall each pay one-half of the fees and expenses of the Chair or the single arbitrator.
i) By mutual agreement between the Employer and the Union, its membersand in the case of an Employer or a Union grievance, or in the employee or employees involved and the Employer.
Section 15. The decision case of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period a grievance involving discharge of an employee’s separation from the Employer’s payroll, the amount as awarded processing of a grievance may begin at Step 2.
j) It is intended that grievances shall be less any unemployment compensation received or other compensation from any sourceprocessed as quickly as possible. If the grieving party does not appeal the grievance to the successive stage within the specified appeal time limit, which the employee would grievance shall be deemed to be abandoned and shall not have received or earned had they thereafter be reinstated. If the responding party does not been suspended or dischargedanswer the grievance within the specified answer time limit for each stage, and provided further that any wages from another job with another employer held by then the employee at grievance shall automatically proceed to the time of the suspension or termination will not be the basis for any reduction in back pay awardednext higher stage.
Section 16k) Time limits in this article may be extended by mutual agreement. The arbitrator shall have no authority to alterIn all cases, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement“days” means calendar days.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under 23.01 The parties to this Agreement recognize the Stewards and the Representatives specified in Article 4 as the agents through which employees shall be defined as process their grievances and receive settlement thereof.
23.02 A Grievance shall mean a complaint or claim of an employeeconcerning improper discipline or discharge, the employer, or a class of employees or the Local Union, covered by the Agreement which involves dispute with reference to the interpretation, application, administration of, or compliance with a specific provision alleged violation of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees Group Grievance is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided defined as a single grievance, signed by the Union. The a ▇▇▇▇▇▇▇ or a Representative on behalf of a group of employees who have the same complaint. Such grievance must be dealt with at successive stages of the Grievance procedure commencing with Step 1. The grievors shall clearly and concisely state all facts which constitute the basis for be listed on the grievance form. A Policy Grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement. A Policy Grievance shall be signed by a ▇▇▇▇▇▇▇ or a Representative, or in the case of an Employer's Policy Grievance, by the Employer or their representative.
23.03 All the time limits referred to in the grievance procedure herein contained shall be deemed to mean “work days.”
23.04 The Employer or the Union shall not be required to consider or process any grievance which arose out of any action or condition more than five (5) work days after the subject of such grievance occurred. If the action or condition is of a continuing or recurring nature, this limitation period shall not begin to run until the action or condition has ceased. The limitation period shall not apply to differences arising between the parties hereto relating to the interpretation, application or administration of this Agreement. If the Employer does consider or process a grievance which has been presented late, the Employer shall not be stopped or precluded at any stage from taking the position that the grievance is late and not arbitrable.
23.05 No employee shall have a grievance until they have discussed their complaint with their immediate Supervisor. If the employee's immediate Supervisor does not promptly settle the matter to the employee's satisfaction, an employee's proper grievance may be processed as follows:
Step 1 Subject to the conditions of Article 6.05, if a grievance is to be filed it shall, within the five (5) work days referred to in Article 23.04 above, be reduced to writing and shall specify any Article be presented to the designated Employer representative by a ▇▇▇▇▇▇▇ or Section a Representative. The designated Employer representative shall notify the Union representative of their decision in writing not later than five (5) work days following the day upon which the grievance was submitted. The grievance referred to above shall identify:
a. the facts giving rise to the grievance;
b. the section or sections of the Agreement which may be involved. The grievance form claimed violated;
c. the relief requested; and shall be dated and signed by the employee or employees involved.
Step 2 If the grievance is not settled in Step 1, a Representative shall within five (5) work days of the decision under Step 1, or within five (5) work days of the day this decision should have been made, submit a written grievance to the designated Employer Representative. A meeting will be held between the ▇▇▇▇▇▇▇ or Representative together with the griever involved and at least one employee who claims a violation the designated Employer Representative and other representatives of this Agreement.
Section 4the Employer. For a This meeting will be held within five (5) working days of the presentation of the written grievance to be treated as a valid one, it must be presented to an the designated Employer representative in writing, as described in Section 3, within twenty (20) calendar days after representative. The Employer shall notify the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and or Representative of their decision in writing within five (5) work days of such meeting.
Step 3 In the grievant, if event that the aggrieved employee grievance is willing and able not settled at Step 2 the party having the grievance may serve the other party with written notice of desire to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt arbitrate within five (5) work days of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available delivery of the decision in Step 2 to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussionor Representative but not thereafter.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1Employees and supervisors are encouraged to attempt to resolve on an informal basis, at the earliest opportunity, a problem that could lead to a grievance. A grievance under If the matter is not resolved by informal discussion, it shall be settled in accordance with the following procedure. (These informal discussions shall not extend the deadlines for filing a grievance.) All written grievances shall contain the following (Step 1 grievances are not expected to be in writing and do not require detailing of the items listed below):
a) name(s) of the grievant or grievants, if applicable.
b) a brief summary of the facts giving rise to the alleged violation.
c) citation of the section or subsections of this Agreement alleged to have been violated.
d) the date of the alleged violation.
e) the specific remedy requested. Any written grievance filed at Step Two or Three not in accordance with the above requirements may be denied on the basis of improper filing and may be appealed to the next Step in accordance with this procedure. The supervisor shall be defined as a claim of an employee, respond to the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance grievant with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 copy of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject response to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty fourteen (2014) calendar days after following the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involvedmeeting. If the grievance is not resolvedremains unresolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇may submit it to Step Two. was due. A representative of the appropriate Human Resources Department shall hold a meeting between a ▇▇▇▇ and or equivalent administrative officer at the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Unionnext management level, the grievant, if appropriate, and if the aggrieved employee is willing designated Union representative to discuss and able attempt to attendresolve the grievance. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, be held within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answerThree grievance. The Union or the University may also request additional relevant information from employees other than the Grievant. However, which:
a.these employees may not be required to present information. Within fourteen (14) requests arbitration identifying calendar days of the grievance meeting, the ▇▇▇▇ or equivalent administrative officer shall provide a decision, in writing, to the grievant and including whatever forms the Union representative with a copy to the appropriate Human Resources Department. The parties are required limited to two (2) representatives each, in addition to the grievant and the supervisor. An issue not raised by the Mediation Service; and
b.Union in the Step Three grievance shall not proceed to arbitration unless mutually agreed between the parties. The Union will make a good faith effort to reduce the ninety (90) requests calendar day time limit whenever possible and particularly in cases involving a continuing back pay liability. Within ten (10) calendar days from the Mediation Service Union's request for arbitration the Union and the University shall select an arbitrator from an agreed upon list of arbitrators. The University and the Union may mutually agree to send an arbitrator outside their agreed upon list. If the parties are unable to each party agree on a list of seven arbitrators, then the parties shall select, within ten (710) names calendar days of arbitrators.
Section 7the Union's request for arbitration, an arbitrator from a panel provided by the Bureau of Mediation Services or the American Arbitration Association. No later than fourteen The parties shall have ten (1410) calendar days following receipt of the copy of list to select an arbitrator in the lists, a representative of each party following manner: The Union shall alternately have the right to strike a name until one name is left. The determination of who strikes first may from the list, the University shall then strike one name, and the process will be made by repeated and the coin toss with the loser making the first strike. The remaining name person shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9arbitrator. The cost and parties shall have ten (10) calendar days following the expense selection of the arbitrator and to jointly notify the hearing room shall be shared equally by arbitrator of the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible ’ selection with a request for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the partiesavailable hearing dates. The parties agree that a grievance mediation session arbitration hearings involving possible monetary liabilities shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisengiven first priority in scheduling.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1(a) Level 1 A grievance must be filed in the form of written notification to the School Principal or the Assistant Principal no more than thirty (30) days after the grievant knew or reasonably should have known of the grievance. The grievant and the Union representative shall meet with the School Principal or Assistant Principal in an attempt to resolve the grievance. A grievance under this Agreement written response shall be defined as a claim of an employee, provided to the employer, a class of employees or the Local Union, covered Union by the Agreement which involves Principal or Assistant Principal within ten (10) days of the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 receipt of the grievance procedureby the Principal.
Section 2. The selection and (b) Level 1 If a grievance arises from the assignment action of supervisory employees is authority higher than a Principal, the sole responsibility of the Employer and shall not be subject to the Union may present such grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇at Level 2 without going through ▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for ▇ provided a copy of the grievance and shall specify any Article or Section be provided to the Principal at the time of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreementfiling.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20c) calendar Level 2 Within ten (10) days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It Principal’s decision is understood by the parties that due, the Union representative and shall have the aggrieved employee must attempt right to resolve a grievance by first discussing it with appeal the supervisor involved. If the grievance is not resolved, it shall be presented in writing decision to the Employer as provided for in Section 3 and Section 4 above, and it Labor Relations Manager. The Director or his/her designee shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion meet with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s issue a written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites response within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ days. A brief statement of the written answer derived reason or reasons for the denial of the grievance shall be included in the response. This, however, shall not limit the Board’s defenses in arbitration. Within twenty (20) days from the Step 1 discussion. The matter shall be investigated and discussed by date the Human Resources representativedecision of the Labor Relations Manager or his/her designee is due, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, and not any individual employee(s), may submit the grievantgrievance to arbitration, if appropriate, and if except that an individual employee with tenure may submit to arbitration a grievance involving dismissal.
(a) Submission to arbitration shall be by letter from the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing Union to the Local Union President, American Dispute Resolution Center (ADRC) or designee, within fourteen the American Arbitration Association (14AAA) calendar days (whichever agency the parties mutually agree to use from time to time) for resolution in accordance with their then current rules. A copy of said letter shall be forwarded to the Step 2 discussionSuperintendent and the Legal Director.
Step 3: If no mutually satisfactory conclusion (b) The arbitration hearing shall be scheduled at a time and place convenient to the parties and shall be conducted under ADRC or AAA rules.
(c) In any case where the evaluative judgment of management is reached at subject to arbitration, the end arbitrator shall not substitute his/her judgment unless the Union can show that management acted arbitrarily or capriciously.
(d) The Arbitrator’s decision shall be final and binding on the parties, provided, however, the submission of Step 2a question of substantive arbitrability to an Arbitrator in the first instance shall not be deemed an election or waiver by the State of its right to de novo judicial review over such question. In all other respects the scope of judicial review over arbitrable awards under State law shall not be expanded or diminished by this contract.
(e) Only disputes over the violation, either party to misinterpretation or improper application of a specific provision or term of this Agreement shall give notice be arbitrable except that among such disputes the following matters shall not be arbitrable:
(1) The failure or refusal by the Board to renew the contract of its desire or reappoint a probationary (non-tenured) instructor.
(2) Disputes over unsafe working conditions under Article 10, Section Four or unless the State Department of Labor has declined jurisdiction.
(3) As limited by Article 9, Section One(c).
(4) Disputes over promotions under Article 11, Section Four.
(f) The Arbitrator will be without power or authority to arbitrate alter, add to, or subtract from the grievance by sending provisions of this Agreement or to make a letter to decision which is violative of or inconsistent with the Federal Mediation terms of this Agreement or applicable law.
(g) Fees and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt expenses of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name Arbitrator shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared borne equally by the parties. All other Witnesses and grievants necessary to the proceeding and the Union officer or representative presenting the case shall suffer no loss of pay when called to arbitration hearings. Other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the otherexpenses.
Section 10. Not more than a single grievance arising under this Agreement (h) The parties may be arbitrated in a single proceeding before an agree that any arbitrator unless by mutual agreement in writing signed who has been previously appointed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may ADRC or AAA and remains mutually agree acceptable to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that , be designated to hear a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, howeverpending matter, if an arbitrator shall award back wages covering such selection would expedite the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awardedresolution process.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 17.1. A grievance under this Agreement shall be defined as a claim of an employee, the employer, a class of Represented manual craft employees are encouraged to process any EEO/AA related complaints or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of Employee Concerns through the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of procedure contained in this Agreement.
Section 47.2. For a grievance to be treated as a valid oneAll disputes or grievances, it must be presented to an Employer representative in writing, as described including those identified in Section 37.1 of this Article, within twenty (20) calendar days after and all grievances over the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling interpretation and application of grievances shall commence this Agreement, exclusive of questions of jurisdiction on the date of receipt. Any time limit so imposed work or any Supplemental Addendum Agreement work scope, discretionary mixed crews or crew mix issues, shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed handled in the following manner:
Step 1: Grievances . All disputes or grievances over EMPLOYER actions under this Agreement which are not resolved informally, shall be presented in writing to resolved between the aggrieved employee’s immediate supervisor for discussion with party, the Union designated craft ▇▇▇▇▇▇▇ ▇, and the grievantaggrieved party's immediate supervisor. In order to encourage the resolution of disputes or grievances at STEP 1 of this grievance procedure, if the aggrieved employee parties agree that such settlements at STEP 1 shall not be precedent setting.
Step 2. If the dispute or grievance is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ not resolved informally, as set forth in STEP 1, within five (5) calendar working days, then either aggrieved party (the UNION or the EMPLOYER) shall reduce the dispute or grievance to writing on a form provided by the SUPPORT MANAGER. The Business Representative of the UNION and the EMPLOYER'S designated representative shall meet at the SITE within five (5) working days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from dispute or grievance. If there is no settlement at STEP 2, then the Step aggrieved parties shall proceed to STEP 3. Grievances not resolved in STEP 1 discussion. The matter or 2, and which proceed to STEP 3, shall be investigated coordinated through and discussed monitored by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussionSUPPORT MANAGER.
Step 3: . If no mutually satisfactory conclusion the dispute or grievance is reached not resolved at the end of Step STEP 2, it shall be referred to the General President of the UNION or his designated International Representative and the appropriate representative of the EMPLOYER. If the dispute or grievance is not promptly settled on this level, the parties may by mutual written agreement extend the period for settlement to a fixed date, or the dispute or grievance may promptly be submitted to arbitration as set forth below.
Step 4. If, after referral to STEP 3, the dispute or grievance remains unresolved, and there is no mutual written agreement to extend the period for settlement to a fixed date, then the matter shall then be referred to arbitration by either party, upon written notice to the other. If the parties are unable to agree upon an arbitrator, application may be made by either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.five (5) arbitrators, upon receipt of which, both parties shall immediately alternately
Section 87.3. Any grievance not answered within In the specified time periods may be appealed to event either party is entirely sustained by the next Step arbitrator, the other party shall pay the entire cost of the Grievance procedure immediately. Grievances may be entertained at any Step or proceedings, including compensation for the time limits may be changed at any Step by mutual consent services of the parties in writingarbitrator. Failure to timely appeal any grievance will close Should a split decision be rendered by the grievance.
Section 9. The cost and the expense of arbitrator, the arbitrator and shall similarly determine the hearing room shall be shared equally by split in cost, as in the parties. All other expenses shall be borne by the party incurring themarbitrator's judgment, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by is equitable between the parties. The parties agree that a grievance mediation session EMPLOYER and UNION shall pay their own expense, including attorney fees, incidental to the preparation and presentation of its case.
Section 7.4. At the request of either party, the arbitrator's decision shall be held every month for reduced to writing, setting forth at a minimum the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting pertinent facts of the grievance, the decision and the reasons for such decision. Subject decision shall be reduced to writing final and signed at the grievance mediation session. Any grievance which is withdrawn binding on all parties herein, but shall be done so in writing final and signed at binding only with respect to the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding issue or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon issues submitted by the parties. If either party violates refuses to abide by the agreement achieved at this step decision of the arbitrator, then the other aggrieved party may move shall be free to enforce the matter immediately to arbitrationaward in any legal manner.
Section 127.5. Any grievance which The time limits specified in any step of the Employer Grievance Procedure may have against be extended by mutual agreement of the Union parties initiated by the written request of one party to the other, at the appropriate step of the Grievance Procedure. However, failure to process a grievance, or failure to respond in writing, within the time limits provided above, without a request for an extension of time, shall be reduced to writing and submitted deemed a waiver of such grievance to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at other without prejudice, or without precedent to the Step 2 level processing of this procedureand/or resolution of like or similar grievances or disputes.
Section 137.6. A grievance alleging discharge without just cause Grievances relating to the acts or grievances concerning layoffs due failure to a reduction in the work force act of any particular party shall be reduced to writing within seventyfiled against that party. There shall be no actual or threatened work stoppage, work interruption, slowdown, featherbedding, sit-two (72) hours of the Local Union's receipt of written down, strike, picketing, hand billing, or public notice of any kind during the discharge or notice entire term of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of proceedings under this procedureGrievance Procedure.
Section 147.7. The award of an arbitrator shall be final and binding on No adjustment or grievance decision may provide for retroactivity or back pay exceeding sixty (60) days prior to the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision date of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time filing of the suspension or termination will not be the basis for any reduction in back pay awardedwritten grievance.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Site Support Alliance Agreement, Site Support Alliance Agreement
GRIEVANCE PROCEDURE. Section 1. 32.01 A grievance under this Agreement shall be defined as is a claim of an employeedispute or misunderstanding between one or more Employees, the employer, a class of employees or the Local UnionUnion acting on its own behalf or on behalf of the Employee(s), covered by and the Agreement which involves College regarding the interpretation, administration ofapplication, operation, contravention or compliance with a specific provision alleged contravention of this AgreementCollective Agreement as well as any complaint alleging unjust treatment, unfair working conditions or unjust disciplinary action. A class action grievance will All such grievances shall be initially dealt with through the Grievance Procedure.
32.02 For the purposes of Article 32, Employee means a current Employee of the College or a former Employee of the College terminated as per Article 34 or Article 31. In the case of a former Employee, the former Employee shall have access to the Grievance Procedure commencing at Step 3 (Clause 32.04(c)) for a period of five (5) working days following receipt of the written notice of termination.
32.03 An Employee complaint alleging harassment or discrimination may be presented commencing at Step 2 (Clause 32.04(b)) of the grievance procedureGrievance Procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the 32.04 When an Employee grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolvedarises, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed settled in the following manner:
(a) Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven Within fourteen (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (514) calendar days after from the Step 1 discussiondate of the incident or knowledge of the incident, the Employee(s) concerned shall first seek to settle the grievance in discussion with their out-of-scope supervisor. The Employee(s) concerned shall be entitled to have a Union Representative present during these discussions.
(b) Step 2: If no mutually acceptable conclusion the grievance is reached not resolved satisfactorily in Step 1, a written statement of the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt submitted by the Union ▇▇▇▇▇▇▇ Representative on behalf of the written answer derived from grievor(s) to the Step 1 discussion. The matter shall be investigated and discussed by the Chief Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place Officer within seven fourteen (714) calendar days of the request unless mutually waivedStep 1 meeting. The Within fourteen (14) calendar days of receiving the statement of grievance, the Chief Human Resources representativeOfficer shall arrange to meet with the parties involved in Step 1 of the grievance and a Union representative with a view to resolving the grievance.
(c) Step 3: If the grievance is not resolved satisfactorily in Step 2, or designee, a written statement of grievance shall render a decision in writing be submitted by the Union Representative on behalf of the grievor(s) to the Local Union President, President of the College (or designee, designate) within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7meeting. No later than Within fourteen (14) calendar days following receipt of receiving the statement of grievance, the President of the copy College (or designate) shall hold a hearing with the Union and the parties involved and shall render a decision in writing within seven (7) calendar days of the listshearing.
(d) Step 4: If the grievance is not resolved satisfactorily in Step 3, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first the grievance may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered referred to arbitration within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to nontwenty-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.eight
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement 10.1 It is the mutual desire of the Parties hereto that complaints of permanent employees shall be defined adjusted as quickly as possible. Such complaints shall be acted upon in the following manner and sequence. In this Article a claim grievance shall consist of an employee, a dispute concerning interpretation and application of the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision terms of this Agreement. A class action If any question arises as to whether a particular dispute is or is not a grievance will within the meaning of this Agreement the question may be initially presented at Step 2 taken up through the following steps of the grievance procedure.
Section 2Grievance Procedure and determined if necessary by Arbitration. The selection and the assignment of supervisory employees is the sole responsibility In all of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated steps where time limits are named as a valid onedays only, it must be presented to an Employer representative in writingis agreed that Saturdays, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6Sundays and paid Specified Holidays except Floater Holidays are excluded. It is understood by that a permanent employee has no grievance until they have first given their Supervisor or Designate, as the parties that case may be, an opportunity of adjusting their complaint. In discussing such complaint, the permanent employee or the Corporation may request the presence of a Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it representative. Such complaint shall be discussed with the supervisor involved. If the grievance is not resolvedSupervisor or Designate, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available days after the circumstances giving rise to the Union ▇▇▇▇▇▇▇ complaint having occurred, and failing settlement, it may then be taken up as a grievance within five (5) calendar days after following communication of the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, decision to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten employee (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall and union representative as may be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(sapplicable) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waivedSupervisor or Designate. The Human Resources representative, or designee, aggrieved permanent employee shall render a decision submit their grievance in writing to the Local Union President, or designee, within fourteen (14) calendar days Chairperson. If the Grievance Committee of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate Union considers the grievance by sending to be justified, the permanent employee(s) concerned, together with the Grievance Committee, shall first seek to settle the dispute at a letter to meeting with the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt Director of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is leftFleet or Designate. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any written grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, aggrieved permanent employee(s) must contain the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting nature of the grievance, shall be reduced the remedy sought and the section or sections of the Agreement which are alleged to have been violated. The Director of Fleet or Designate will deliver their decision in writing and signed at within five (5) days following the day on which the grievance mediation sessionis presented to them. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course The Director of Fleet or Designate will also distribute copies of the original grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted their answer to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved Supervisor concerned and the EmployerGeneral Manager concerned. Failing settlement - then Step 3 may be invoked.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under 18.01 Grievance as used in this Agreement shall be defined as a claim includes any Employee and/or Employer complaint or unsatisfied request involving any matter relating to wages, hours or working conditions, including questions of an employee, the employer, a class of employees interpretation or the Local Union, covered by the Agreement which involves the interpretation, administration application of, or compliance with a specific provision with, the provisions of this Agreement. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. 18.02 All grievances shall be reduced to writing on forms provided by presented within ten (10) working days from the Uniondate there is evidence of a grievance having occurred. The procedure for the adjustment of a grievance shall be as follows:
Step 1: Any Employee who believes that they have a justifiable complaint may, with the assistance of the Job ▇▇▇▇▇▇▇, discuss the matter with the Supervisor or designate.
Step 2: Should the Employee and the Job ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion dissatisfied with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling Supervisor’s disposition of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1such complaint, the grievance shall then be presentedreduced to writing giving all particulars including the applicable Article(s) of the Agreement. The Union will direct all correspondence to the
(a) The Union or the Employer shall have the right to initiate a group grievance or a grievance of a general nature as a dispute at Step 3 of Article 18.02, thereby eliminating Steps 1 and 2.
(b) Any dispute or grievance that cannot be resolved at Steps 1 or 2 or which has been initiated as a Step 3 dispute, shall be referred to a meeting of the Employer and the Union. Such a meeting will be held within ten (10) working days. If settlement is not reached within ten (10) working days after that meeting, the initiating party may refer the matter to arbitration.
18.03 After exhausting the Grievance Procedure at (b) above, either party must refer the matter, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites arbitration within ten thirty (1030) calendar days after failing which the receipt by the Union ▇▇▇▇▇▇▇ grievance will have been deemed to have been abandoned.
18.04 The Arbitrator shall deliver his award, in writing, to each of the written answer derived from the Step 1 discussion. The matter shall be investigated Parties and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on upon each of the Union, its members, the employee or employees involved Parties and the Employershall be carried out forthwith.
Section 15. The decision 18.05 Each Party shall pay their own costs and expenses of the arbitrator may Arbitration and one-half (½) the remuneration and disbursements or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time expenses of the suspension or termination will not be the basis for any reduction in back pay awardedArbitrator.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement shall be defined as a claim of an employee36.01 It is agreed that neither the Employer, its representatives and supervisors, nor the employer, a class of employees or the Local Union, covered will attempt to bring about the settlement of any contractual issue by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance will be initially presented at Step 2 of means other than the grievance procedure.
Section 2. The selection and the assignment of supervisory employees 36.02 A grievance is the sole responsibility of a dispute or difference between the Employer and the employee covered by this Bargaining Agreement, concerning the interpretation and/or application of this contract. The following procedures shall not be subject apply to the grievance procedure.
Section 3. All administration of all grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of filed under this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to accordance with the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following mannersteps outlined below:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved 1 An employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the who believes he may have a grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(snotify his immediate supervisor(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place possible grievance within seven (7) calendar days of the request unless mutually waivedoccurrence of the facts giving rise to the grievance. This notification shall be in writing, and shall state the aggrieved employee's name, position, date of alleged grievance, and the portion of the Agreement in question giving rise to this grievance. The Human Resources representative, or designee, presentation of this grievance shall render a decision be in writing to the Local Union President, or designee, employee's own hand. The supervisor will schedule an informal meeting within fourteen seven (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (457) calendar days after the receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced with the employee, and his associate if requested by the employee, to writing and signed at discuss the grievance mediation session. Any grievance which is withdrawn shall be done so issues in writing and signed at dispute with the grievance mediation session. Any discussions held in objective of resolving the course matter informally, with a written reply of the grievance mediation process shall meeting to be considered “off given to the record” and shall be inadmissible in any subsequent arbitration hearingemployee, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union▇, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15Step 2 If no satisfactory settlement is reached at the step 1, the grievance may be appealed to the Division Head, or other Employer designate, and the Local Union Staff Representative within seven (7) calendar days after receiving the reply of the step 1. The decision appeal shall restate the grievance, and shall include proposed remedy sought by the aggrieved party. A step 2 answer, reduced to writing, will be given to the aggrieved party within seven (7) calendar days of receiving the written appeal.
Step 3 If no satisfactory answer is reached at step 2, the grievance may be appealed to the City Manager and the Union Staff Representative or their designated alternates within seven (7) calendar days after the reply is rendered in step 2. The appeal shall be reduced to writing, shall contain the original grievance and all subsequent answers/decisions, and be in the employee's own hand. A meeting will be held within 14 calendar days after the receipt of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount Step 2 reply. A written reply will be issued as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions a result of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.meeting within fourteen
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section SECTION 1. A APPEAL LEVELS AND TIME LIMITS When a grievance under or dispute with respect to discipline or the interpretation or application of the terms of this Agreement Memorandum of Understanding has been presented to SunLine by an employee or an authorized Union representative, and has not been satisfactorily adjusted by an authorized SunLine representative, and the employee or the Union wishes to further prosecute the issue, it shall then be adjusted according to the following:
SECTION 2. STEP ONE: Non Disciplinary Cases
a) Any such grievance or dispute shall be defined as presented, in writing, on the ATU Grievance form, for adjustment immediately but in no event more than two hundred forty (240) hours (ten (10) days) after occurrence. The employee may personally present the grievance or dispute to the employee's Chief or designee if he/she so desires.
b) Any employee having a claim of an grievance or dispute may present it to the employee's Chief or designee through a Union representative. The Chief or designee will hold a meeting with the employee and the Union representative to discuss and attempt to adjust the matter – No more than two representatives from Management and two representatives from the Union shall be present, and the employergrievant shall be present. The Chief or designee will give a written answer within two hundred forty (240) hours (ten (10) days) after receiving the ATU Grievance Form, a class of employees or which, if denied, shall include the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreementreasons therefore. A class action grievance Every effort will be initially presented at made by both parties to settle grievances or disputes in this Step 2 of the grievance procedureOne.
Section 2SECTION 3. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not DISCIPLINARY CASE Discipline will be subject to the grievance procedureadministered only for proper cause.
Section 3SECTION 4. All grievances shall be reduced to writing on forms provided by REPRESENTATION AT COUNSELING SESSION Whenever employees are called in for the Union. The purpose of a disciplinary counseling, ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion will conduct such counseling with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievantpresent, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussionso desires.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding
GRIEVANCE PROCEDURE. Section 1. A 13.01 It is agreed that any grievance under this Agreement shall be defined as a claim or dispute arising out of an employeethe interpretation or application, the employeroperation or any alleged violation thereof, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance , that may arise during the life of this Agreement, shall be promptly discussed and the parties hereto will be initially presented diligently cooperate in an effort to adjust such grievances at Step 2 the earliest possible time.
13.02 Any employee alleging wrongful dismissal may place his case before the Union representative and if the Union representative considers that the objection of the employee has merit, the dismissal shall become a grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedureprocedure as established by this Agreement.
Section 313.03 Notice in writing of any grievance or dispute must be given to the Employer, or to the Union as the case may be, within ten (10) days of occurrence. All grievances It is understood that grievance not filed within ten (10) days (excluding weekends or statutory holidays) of the employee or Employer having knowledge of the occurrence shall be reduced to writing on forms provided by the Uniondeemed abandoned. The procedure for adjusting all grievances of disputes shall be as follows:
(1) By a discussion between the employee or employees concerned, Shop ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative Business Agent and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor representative or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussionrepresentatives.
Step (2: If no mutually acceptable conclusion is reached in Step ) In the event of failure to reach an agreement under the provision of Article 13.03 sub-section (1), the grievance or dispute shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representativeemployee or employees, the representative or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the UnionUnion and the Employer or his or her representative or representatives.
(3) Failing to reach an agreement under Article 13.03 sub-section (2) the grievance or dispute shall then be submitted to a Board of Arbitration.
13.04 In the event of an arbitration, both parties shall have the grievant, if appropriate, and if the aggrieved employee is willing and able right to attendchoose between a Single Arbitrator or a Full Arbitration Panel. This meeting It shall take place within seven (7) calendar days be composed of one representative of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days Employer and one representative of the Step 2 discussionUnion and these two shall then select an impartial chairman.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt 13.05 The decision of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator Board shall be final and binding on and shall be retroactive from the Union, its members, the employee date of submission of grievance or employees involved and the Employer.
Section 15dispute. The decision Board shall adopt rules and procedures which shall be binding on both parties. Each party shall pay the cost and expenses of its arbitrator but the remuneration costs and expense of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering Chairman and any expenses incurred by the period Board of an employee’s separation from the Employer’s payroll, the amount as awarded Arbitration shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held borne in equal shares by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awardedparties.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under 18.01 The parties to this Agreement recognize the Stewards and the CLAC Representatives as the agents through which employees shall process their grievances and receive settlement thereof. It is agreed and understood that a grievance can only arise from a dispute concerning the interpretation, application, administration, or alleged violation of this Agreement. The parties agree to deal with grievances in a timely fashion.
18.02 The Employer or the Union shall not be required to consider or process any grievance which arose out of any action or condition that is more than five (5) workdays after the subject of such grievance occurred. Notwithstanding the foregoing, the parties may agree to extend this limitation period.
18.03 A “Group Grievance” is defined as a claim single grievance, signed by a ▇▇▇▇▇▇▇ or a CLAC Representative on behalf of an employee, the employer, a class group of employees or who have the Local Union, covered by same complaint. Such grievances must be dealt with at the Agreement successive stages of the Grievance Procedure commencing with Step 1. The grievors shall be listed on the grievance form.
18.04 A “Policy Grievance” is defined as one which involves a question relating to the interpretation, application or administration of, or compliance with a specific provision of this Agreement. A class action Policy Grievance may be submitted by either party to arbitration under Article 19, by- passing Steps 1 and 2. Such Policy Grievance shall be signed by a ▇▇▇▇▇▇▇ or a CLAC Representative, or in the case of an Employer’s Policy Grievance, by the Employer or his representative.
Step 1 Any employee having a grievance will, accompanied by a ▇▇▇▇▇▇▇ or a CLAC Representative, submit the same to his immediate supervisor within five (5) workdays of the act or condition causing the grievance. For the purpose of this Article, workdays or working days shall mean Monday to Friday. The Employer will deal with the grievance not later than the third (3rd) working day following the day upon which the grievance is submitted and will notify the grievor and the CLAC Representative of his decision in writing.
Step 2 If the grievance is not settled under Step 1, a CLAC Representative may, within five (5) working days of the decision under Step 1, or within five (5) workdays of the day this decision should have been made, submit a written grievance to the Employer. The parties shall meet to discuss the grievance within one (1) week after the grievance has been filed. The Employer shall notify the grievor and the CLAC Representative of his decision in writing within three (3) working days following the said meeting.
18.06 A grievance (which has not been accepted, settled, withdrawn or abandoned) may be initially presented referred to arbitration under this Article provided the party requiring arbitration serve the other party with written notice within fourteen (14) calendar days after receiving the decision given at Step 2 of the grievance procedure.
Section 2. 18.07 The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject parties agree to the grievance procedureuse of a sole Arbitrator. If they are unable to agree on the selection of an Arbitrator either party may request the Ministry of Labour to appoint an impartial Arbitrator.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. 18.08 The ▇▇▇▇▇▇▇ shall clearly Arbitrator will hear and concisely state all facts which constitute the basis for determine the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved parties hereto and the Employer.
Section 15employees affected. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator Arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority power to alter, amend amend, modify, delete, or change in add to any way provisions of this Agreement or to substitute any new provisions for any existing provisions nor give any decision inconsistent with the terms and conditions provisions of this Agreement and shall confine their decision to a determination Agreement.
18.09 The cost of the facts and interpretation, administration of, and compliance with the terms of the AgreementArbitrator will be shared equally by both parties.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement shall be defined as a claim of an employee, 9.01 The Employer and the employer, a class of employees or Union recognize that grievances may arise concerning:
(a) Differences between the Local Union, covered by the Agreement which involves Parties respecting the interpretation, administration ofapplication, operation or compliance with any alleged violation of a provision of this Agreement, including a question as to whether or not a matter is subject to arbitration; or
(b) The dismissal, discipline or suspension of an employee bound by the Agreement. The purpose of this Article is to provide the sole method for the settlement of a grievance alleging the violation of a specific provision of this Agreement. A class action Such a grievance will shall be initially presented at Step 2 of and processed in accordance with the grievance proceduresteps, time limits and conditions set forth herein.
Section 2. Step 1 The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union committee member (at the employee’s option), shall clearly and concisely state all facts which constitute the basis for first discuss the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s their immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place department head within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting occurrence of the grievance. In this first step, both parties shall make every effort to settle the dispute. If the grievance is not settled at this step, then:
Step 2 The grievance shall be reduced to writing and signed at by:
i) Recording the grievance mediation session. Any on the appropriate grievance which is withdrawn shall be done so in writing and signed at form, setting out the grievance mediation session. Any discussions held in the course nature of the grievance mediation process and the circumstances from which it arose;
ii) Stating the article of the Agreement infringed upon or alleged to have been violated and the remedy or correction required;
iii) The grievance shall be considered “off signed by the record” employee and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief a Shop ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.or Union committee member;
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force iv) The supervisor shall be reduced to writing within seventy-two (72) hours acknowledge receipt of the Local Union's receipt of written notice of grievance by signing and dating the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee grievance form at the time the grievance is presented; and
v) Within seven (7) calendar days of receipt of the suspension written grievance, the supervisor or termination will the department head shall give their written reply. If the grievance is not be settled at this step, then;
Step 3 The Union committee and the basis for any reduction in back pay awarded.
Section 16committee on Labour Relations, or its delegate, shall meet within twenty-one (21) calendar days or other mutually agreed to time to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The arbitrator shall have no authority to alter, amend findings or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination decisions of the facts and interpretation, administration of, and compliance with committee on Labour Relations shall be presented to the terms Union in writing within seven (7) calendar days of the Agreementmeeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Article 10 or Article 11 within thirty (30) calendar days.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement shall be defined as is a claim of dispute or difference between the Township and/or an employee, employee and/or the employer, a class of employees or Union concerning the Local Union, covered by the Agreement which involves the interpretation, administration of, or interpretation and/or application and/or compliance with a specific provision any provisions of this Agreement, the Township policy manual, the Road Department Rules and Regulations, the Public Works Department standard operating procedures, or disciplinary action. A class action grievance An employee and his supervisor will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection make a reasonable effort to resolve potential grievances by informal discussion; and the assignment of supervisory employees is the sole responsibility of the Employer and such discussion shall not be subject considered a condition precedent to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided disciplinary action by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute Township or the basis for the grievance and shall specify any Article or Section filing of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involvedemployee. If In the grievance is not resolvedevent that the employee desires to file a grievance, it the following procedure shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following mannerfollowed:
Step 1: Grievances Within seven (7) days of the occurrence of the event upon which the grievance is grounded, the aggrieved employee (and the Union, if requested by the employee) shall be presented present the grievance setting forth the alleged facts involved, in writing to the aggrieved employee’s immediate supervisor for discussion with Public Works Department Director (or the Union ▇▇▇▇▇▇▇ and acting Director in the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee absence of the) who shall be held promptly after receipt of answer the grievance and in writing within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussionof receiving it.
Step 2: If no mutually acceptable conclusion the grievance is reached not adjusted in Step 1One, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten employee (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, if requested by the grievant, if appropriate, and if Employee) may appeal the aggrieved employee is willing and able grievance to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision Township Trustees and/or the Administrator in writing to the Local Union President, or designee, within fourteen (14) calendar days of receipt in writing of the answer of the Public Works Director (or acting Public Works Department) under Step 2 discussionOne. The Township Trustees and/or the Administrator shall conduct a hearing on the grievance and answer it in writing within thirty (30) days of receiving it.
Step 3: If no mutually satisfactory conclusion the decision of the Board of Trustees and/or the Administrator is reached at not acceptable to the end aggrieved employee, the Union shall notify the Board of Step 2, either party to this Agreement shall give notice Trustees of its desire decision to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answerseek arbitration, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately ; such notice to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction given in the work force shall be reduced to writing within seventy-two ten (7210) hours days of the Local Unionemployee's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14Trustees' decision. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.Within fifteen
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. 1 A grievance under this Agreement shall be defined as any controversy or dispute arising between the parties involving questions of interpretation or application of the terms and provisions of this Agreement and other conditions of employment. Having a claim of an employeedesire to create and maintain labor relations harmony between them, the employerparties hereto agree that they will promptly attempt to adjust all complaints, a class disputes, controversies or other grievances arising between them involving questions of employees interpretation or application of the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision terms and provisions of this AgreementAgreement and other conditions of employment. A class action grievance will is a grievance that involves more than three (3) specifically named employees. Class action grievances may be initially presented filed at Step 2 of the grievance procedure.
Section 2. The selection 2 Thus, should differences or disputes arise between the parties to this Agreement or between the employees covered herein and the assignment County, other than cases of supervisory employees discharge and/or suspension, the aggrieved party to this Agreement or employee, or employees, as the case may be, shall use the following procedures:
Step 1. In the event that an employee believes there is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the a basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one a grievance, said employee who claims and/or a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve shall present a formal grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and within seven (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ division head within five (5) calendar working days of the date of the occurrence of the event giving rise to the grievance. The formal grievance shall be presented on the designated form, signed by both the grievant (s) and a representative
Step 2. In the event the aggrieved employee and/or the Union is not satisfied with the written answer to Step 1 above, the said grievance shall be presented within five (5) working days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, written answer above to the Employer's Human Resources representativePort Director, or his/her designee, which individual shall handle second step grievances for all sites who will, within ten five (105) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar working days of the request unless mutually waivedreceipt of same, meet with a representative of the Federation in an attempt to resolve the said grievance. The Human Resources representativeAt this meeting, the employee and/or the on-site Federation representative may also be present. Within five (5) working days after this meeting, the Port Director or designee, his/her designee shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussionwriting.
Step 3: . If the grievant is not satisfied with the disposition of the grievance by the Department Director or a designee, or if no mutually satisfactory conclusion disposition has been made within the specified time limit, the grievance may be submitted by the Federation with the consent of the grievant, (or by an individual grievant, but only if the grievant is reached at a non-member and the end of Step 2Federation declines to process the grievance on that basis alone) to arbitration before an impartial arbitrator, either by filing a Request for Arbitration Panel
Section 3 In the event that an employee is discharged and/or suspended by the County, the aggrieved party to this Agreement shall give or employee or employees shall, within five (5) working days of written notice of its desire to arbitrate the grievance by sending a letter discharge and/or suspension grieve his/her discharge and/or suspension to the Federal Mediation and Conciliation Service (FMCS) Port Director, or his/her designee who shall, within forty-five (455) calendar working days after of the receipt of the Step 2 answersame, which:
a.meet with a representative of the Federation in an attempt to resolve the grievance. At this meeting the employee and/or the on-site Federation representative shall also be present. Within five (5) requests arbitration identifying working days after this meeting, the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitratorsPort Director shall render his/her decision in writing.
Section 7. No 4 With respect to discharge and/or suspension, the County shall notify the affected employee no later than fourteen ten (1410) calendar working days following receipt from the date the County fixes the responsibility for the incident upon which the discharge and/or suspension is based. The County's failure to comply with the ten (10) working day period shall constitute a waiver of its rights to take any disciplinary action against the employee or employees, including, but not limited to, oral reprimand, written reprimand, suspensions or discharges, for the incident. Section 5 The time limitations provided in this Article shall be strictly observed and shall be extended only by written agreement of the copy parties. In the event that the County fails to comply with any of the listsaforesaid time limitations in Steps 1 and 2 of the grievance procedure or Sections 3 and/or 4 of this Article, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first the grievant may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed file to the next Step level in the grievance procedure, prior to arbitration. In the event that the Federation fails to comply with any of the Grievance procedure immediately. Grievances may be entertained at any Step or the aforesaid time limits may be changed at any Step by mutual consent limitations in Steps 1 and 2 of the parties in writing. Failure to timely appeal any grievance will close procedure or Sections 3 and/or 4 of this Article, the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room grievance shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, deemed denied and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11no relief granted. If a grievance cannot be resolved meeting is re-scheduled at Step 2the request of either of the parties, the parties may mutually agree to submit the grievance to nontime-binding mediation before mutually agreed upon mediator from FMCS. Such submission frames will be made automatically extended to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month allow for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part re-scheduling of the grievance process with the goal of coming to a decision that daymeeting.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. A grievance under this Agreement shall be defined as a claim of an employee, the employer, a class of employees or the Local Union, covered 9.01 The parties agree that their interests are best served by the Agreement which involves speedy resolution of grievances. To this end, should any differences arise as to the interpretation, application, administration of, or compliance with a specific provision alleged violation of the provisions of this Agreement. A class action , the following procedure for instituting a grievance will may be initially presented at Step 2 invoked by an individual employee, by a number of employees jointly claiming the grievance proceduresame grievance, by the Union or by the Employer.
Section 2. The selection 9.02 If an employee has a complaint, he/she must first give opportunity to his/her immediate supervisor to discuss and resolve the assignment of supervisory employees complaint before a grievance is the sole responsibility of the Employer and shall not be subject to the grievance procedurefiled.
Section 3. All grievances 9.03 Grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this Agreement.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the discussion dealt with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to An employee having a grievance or a designated member of a group having a grievance shall, within twenty (20) days of the aggrieved employee’s immediate supervisor for discussion with date on which the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt cause of the grievance and within seven (7) calendar daysoccurred or ought reasonably to have been known to the grievor(s), take up the grievance, which will be in writing, with the immediate supervisor outside the scope of the bargaining unit. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ will render his/her decision in writing within five (5) calendar days after of the Step 1 discussionreceipt of the grievance.
Step 2: If no mutually acceptable conclusion is reached The Union shall designate a committee consisting of one member of the bargaining unit and the Union representative to take up with the Publisher and/or his/her representative, any grievance not resolved in Step 1.
1. The grievor, the Union grievance committee and the Publisher and/or his/her representative shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites meet within ten five (105) calendar days after the of receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the grievance at Step 1 discussion2. The matter shall be investigated and discussed by the Human Resources representative, Publisher or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (7) calendar days of the request unless mutually waived. The Human Resources representative, or designee, his/her representative shall render a his/her decision in writing to the Local Union President, or designee, within fourteen grievance committee not later than five (145) calendar days of following the Step 2 discussionmeeting.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the 9.04 All Step 2 answerwritten grievances shall contain only one grievance, which:
a.identify the clause(s) requests arbitration identifying allegedly violated, the persons involved, the date on which the alleged grievance occurred and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitratorsrelief sought.
Section 7. 9.05 No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first grievance may be made by processed to arbitration unless the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel requirements of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close the grievance.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them9.02, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 29.03, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.and
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 1. A 20.01 Any grievance under this Agreement shall be defined as involving a claim question of an employee, the employer, a class of employees or the Local Union, covered by the Agreement which involves the interpretation, administration meaning of, or compliance with a specific provision alleged violation of this Agreementagreement and/or discipline or dismissal, shall be dealt with as follows:
a) An Employee having a complaint, or one designated member on behalf of a group having a complaint, or the Union, shall first discuss the complaint with the appropriate Supervisor. A class action grievance will be initially presented at Step 2 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance procedure.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The Shop ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute be present during the basis for discussion.
b) If the complaint cannot be resolved within seven (7) calendar days, the Union may file a grievance and shall specify any Article or Section on behalf of an Employee (“the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims grievor”), alleging a violation of this Agreement.
Section 4c) A grievance is filed when delivered in writing to the Employer, or Union. For No particular form is necessary so long as the document indicated is a grievance to be treated as under this Article, or in some manner indicates it is a valid one, formal grievance.
d) The Union may consult with the Employer concerning any grievance at any step of the Grievance Procedure.
e) A decision made at any step of the Grievance Procedure is not binding on the parties unless it must be presented to an Employer representative is in writing, signed by decision maker, and delivered to the parties either by hand, or by Registered Mail or by email with verification of receipt.
f) All disciplinary investigations shall offer members representation during the process. Such meetings shall not occur within twenty-four (24) hours of notice to the Employees and Union, unless under exceptional circumstances.
g) For grievances arising from harassment or discrimination, any step in this grievance process may be skipped when the person hearing the grievance is the subject of the grievance, so long as described the grievor agrees.
h) Any grievance arising from termination shall be heard at Step 2. Except where otherwise provided for in Section 3this agreement, a grievance shall be processed by recourse to the following steps:
20.02 The Step 1 Procedure is as follows:
a) A grievance must be filed at Step 1 within twenty twenty-five (2025) calendar days after the discussion grievor becomes aware of the action or circumstances giving rise to the grievance.
b) Grievances at Step 1 will be heard by the grievor’s immediate Supervisor and Human Resources or designate.
c) A hearing will be held with the Supervisor involved as outlined in Section 6 below.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative and the aggrieved employee must attempt to resolve a grievance by first discussing it with the supervisor involved. If the grievance is not resolved, it shall be presented in writing to the Employer as provided for in Section 3 and Section 4 above, and it shall be processed in the following manner:
Step 1: Grievances shall be presented in writing to the aggrieved employee’s immediate supervisor for discussion with the Union ▇▇▇▇▇▇▇ and the grievant, if the aggrieved employee is willing and able to attend. The discussion with the supervisor or his or her designee shall be held promptly after receipt of the grievance and grievor within seven fifteen (7) calendar days. The supervisor or designee’s written answer shall be made available to the Union ▇▇▇▇▇▇▇ within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then be presented, in writing, to the Employer's Human Resources representative, or designee, which individual shall handle second step grievances for all sites within ten (10) calendar days after the receipt by the Union ▇▇▇▇▇▇▇ of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed by the Human Resources representative, or designee, including such Employer representatives as are needed or appropriate, with the designee(s) of the Union, the grievant, if appropriate, and if the aggrieved employee is willing and able to attend. This meeting shall take place within seven (715) calendar days of the request unless mutually waived. The Human Resources representative, or designee, shall render a decision in writing to the Local Union President, or designee, within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement shall give notice of its desire to arbitrate the grievance by sending a letter to the Federal Mediation and Conciliation Service (FMCS) within forty-five (45) calendar days after receipt of the Step 2 answer, which:
a.) requests arbitration identifying the grievance and including whatever forms are required by the Mediation Service; and
b.) requests the Mediation Service to send to each party a list of seven (7) names of arbitrators.
Section 7. No later than fourteen (14) calendar days following receipt of the copy of the lists, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 8. Any grievance not answered within the specified time periods may be appealed to the next Step of the Grievance procedure immediately. Grievances may be entertained at any Step or the time limits may be changed at any Step by mutual consent of the parties in writing. Failure to timely appeal any grievance will close Supervisor receiving the grievance.
Section 9. d) The cost and the expense of the arbitrator and the hearing room Supervisor shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement render his/her decision in writing signed by the parties.
Section 11. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Management will bring the appropriate personnel with decision making authority to the mediation sessions who have been part of the grievance process with the goal of coming to a decision that day.
c.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 12. Any grievance which the Employer may have against the Union shall be reduced to writing and submitted to the Chief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 13. A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72) hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within seventy-two (72) hours after the events should reasonably have become known to the Local Union, and shall be submitted at Step 2 of this procedure.
Section 14. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 15. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time of the suspension or termination will not be the basis for any reduction in back pay awarded.
Section 16. The arbitrator shall have no authority to alter, amend or change in any way the terms and conditions of this Agreement and shall confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of the Agreement.fourteen
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement