Common use of GRIEVANCE PROCEDURE Clause in Contracts

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute between the parties as it relates to the terms of this agreement. A Grievance shall be handled in the following manner: (a) The grievance must be brought to the attention of the Chief within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a Any dispute between the parties as it relates to employer and the terms Union concerning the interpretation, enforcement or the application of any provisions of this agreement. A Grievance agreement shall be handled adjusted in the following manner: (a) The Step 1. A grievance must shall be brought presented in writing to the attention of the Fire Chief or his designee within five ten (510) days of its alleged occurrenceoccurrence (excluding Saturdays, Sundays, and holidays). This may Copies shall be done either orally made available to the employee or in written formemployees if applicable, the Union, and the Director of Human Resources. Written grievances would be preferred. (b) The Fire Chief or his designee may meet with the individual employee, the Union, and consult with others before rendering his decision. The Fire Chief or his designee, shall render his decision, in command in the absence writing, within ten (10) days (excluding Saturdays, Sundays, and holidays) of receipt of the Chief due to vacation or illness shall have five (5) days in which to answer the original grievance. (c) The aggrieved Party may appeal the decision Step 2. A grievance not satisfactorily resolved in Step 1 above, shall be submitted, in writing, within ten (b10) days (excluding Saturdays, Sundays, and holidays) to the Mayor's designee for City Manager. The City Manager will consider all information presented and may consult or meet with the Cityemployee, the Union, and others in reaching a decision. This must be done in writing The City Manager shall render his decision within five ten (510) days after (excluding Saturdays, Sundays, and holidays) of receipt of the Chief has given his responseUnion’s grievance. Step 3. If the City Manager has not settled the grievance upon the completion of Step 2 above, a request to submit the issue to arbitration for adjustment shall be requested within thirty (d30) The Mayor's designee will have calendar days of receipt of the City Manager’s response as follows: 1. Within seven (7) calendar days in which from the date of a request for arbitration the Union and employer shall jointly request an arbitrator to answer conduct a hearing under the grievancevoluntary labor arbitration rules of the American Arbitration Association if the two parties have not agreed on an arbitrator. The parties shall share equally the cost of the arbitrator’s fees and expenses. (e) If 2. The arbitrator’s award shall be consistent with the authority granted the arbitrator by the Agreement and the Norman City Code and the Charter of the City. 3. The arbitrator shall have no authority to amend, alter or modify this Agreement on its terms. 4. The decision, findings and recommendations of the arbitrator shall be final and binding on the parties to this agreement as long as those decisions have not exceeded the arbitrator’s authority as set out herein. 5. The parties to this Agreement may, at any time, satisfactorily resolve the grievance has not been resolved after Step (d)and, thereby, jointly notify, in writing, the Union may within five (5) days request binding arbitrator that the arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessionproceedings should cease. (f) The time limits specified Section 2. It is understood and agreed that when a grievance is filed the act of filing such grievance shall constitute authorization to reveal to participants in the grievance procedure any and all information available concerning said grievance. Such filing shall exclude Saturdays further constitute a release from any and Sundays and observed holidaysall claim of liability by reason of such disclosure. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1‌ To promote better City – Association relations, both parties pledge their immediate cooperation to settle any grievance or complaint that might arise out of the application of this Contract, at the lowest level possible and the following procedure shall be the sole procedure to be utilized for that purpose. The term Grievance shall mean Any settlement of a dispute between the parties as it relates to grievance under this Article, which would alter or amend the terms of this agreement or any side bar or memorandum of understanding, shall not be binding on either party unless the settlement, or memorandum of agreement or side bar agreement, is approved in writing by the president of the Association and the Director of the Bureau of Human Resources. A Grievance The time limits prescribed in these provisions may be extended by a written mutual agreement between the City and Association. Days as used in this Article shall refer to work days, exclusive of Saturday, Sunday and designated holidays. Step I. The Association or any commanding officer claiming a breach of any specific provision of this Contract may refer the matter, in writing, with or without the Association, to the Chief of Police. The grievant, or Association representative, shall state the nature of the grievance, the section of the Contract allegedly violated and the remedy requested. This grievance shall be handled in the following manner: presented within twenty (a) The grievance must be brought to the attention of the Chief within five (520) days of its alleged occurrencefrom the date thereof. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five twenty (520) days in which to answer reply. The response shall be in writing and made to the grievant and the Association. Step II. If, after twenty (20) days from the date of the submission of the grievance to the Chief, or from the date of the reply, the grievance still remains unadjusted, the Association may present the grievance to the Commissioner- in-Charge. A copy of the grievance shall be sent simultaneously to the Bureau of Human Resources. Within one week of receipt of the grievance, the Commissioner-in-Charge shall either retain jurisdiction of the grievance at this level or will refer jurisdiction of the grievance to the Bureau of Human Resources for resolution. Step III. The Commissioner-in-Charge or the Bureau of Human Resources shall have twenty (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (720) days in which to answer the grievance. (e) reply. If the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.been

Appears in 3 contracts

Sources: Labor Agreement, Labor Agreement, Labor Agreement

GRIEVANCE PROCEDURE. Section When a disagreement arises between Management and Staff over disciplinary actions, wages, hours, and working conditions, a grievance may be filed. STEP 1. The term station ▇▇▇▇▇▇▇(s) and the WBAI employer representative shall discuss the grievance orally. The aggrieved worker(s) shall be present unless circumstances prevent his/her/their participation. If the matter is not satisfactorily settled within ten days, or within an extended period of time mutually agreed upon in writing, it shall be referred to STEP 2. STEP 2. The grievance shall be submitted in writing by a designated Union Committee or a Union-designated representative to the Employer. Within ten days, the Employer shall submit a written answer to the grievance. The Union-designated representatives and the employer representative shall meet within ten days of the time said answer is submitted by the Employer. Special meetings at STEP 2 on a matter deemed to be of great importance or urgency by the Union officers and/or ▇▇▇▇▇▇▇(s) shall be held within one day after a request by the Union. STEP 3. All grievances not settled by STEP 2 shall be submitted to a Grievance Review Committee, consisting of one representative chosen by Management, one member chosen by the Union, and a third party agreed upon by the Union and Management. The Grievance Review Committee will usually consist of three people, but if either side requests an expansion, both Management and the Union may select two representatives each to serve on the Committee with the mutually agreed upon fifth party. This committee will render a decision binding on both parties within two weeks of its first meeting. The Grievance Review Committee shall mean a dispute between not have the parties as it relates power to amend, abrogate, modify, or delete any of the terms of this agreementCollective Bargaining Agreement. A Grievance Retroactivity, if any, shall be handled in the following manner: (a) The grievance must be brought to the attention of the Chief within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally decided by the partiesCommittee. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and SECTION X NONDISCRIMINATION Neither Employer nor the Union shall attempt to agree upon a mediatorengage in or tolerate discrimination based on race, religion, creed, age, disability, sex, sexual orientation, national origin, Union activities, or political beliefs. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Employer and Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle bring the grievance equitably at each step. Members ethnic and sexual composition of the Grievance Committee may meet Paid and Unpaid Staff as closely as possible in line with the representatives ethnic and sexual composition of the City signal area of WBAI. Special care shall be taken to train and promote those who, by reason of race, sex, or sexual orientation have experienced discrimination in the past. SECTION XI NO STRIKE BREAKING No worker will be required to pass a legitimate picket line as defined by UE Local 404 or be assigned, transferred, or required to go to any radio station, transmitter, or studio at which a strike is in progress, or to originate, duplicate, or transmit by any means, a program or programs especially for such a station. No worker will be required to broadcast or process in any way any program or program material produced at any facility while a strike is in progress at that facility. The provisions of this Section will be enforceable only to the extent that they are compatible with existing law. STRIKE SANCTION: Employer will be given 24 hours notice in writing of an impending strike. Employer will be immediately notified of application for strike sanction in writing. SECTION XII HIRING A. Definition of Terms (see SECTION VIII--DEFINITIONS OF STAFF) B. Within ten (10) days of an employee giving notice or Management giving notice of discharge, if Management decides that the job will be filled, the job must be posted. The posting shall be up for four weeks for permanent positions, and two weeks for interim and temporary, unless the Union and Management agree to a waiver. The hiring process may be extended by Employer if no suitable applicant is found. The Union shall have a bulletin board in the station where such notice shall be posted. All job postings will be dated, and copies for all Shop Stewards and Union Officers will be placed in a designated Union mailbox, and the mailbox of each Shop ▇▇▇▇▇▇▇ and Union Officer located at the station. For the purpose of resolving said grievance during duty hoursadvising the Employer of the qualifications and suitability of prospective permanent and interim employees, Employer shall convene a committee called the Applicant Review Committee. A reasonable amount This committee shall consist of time the Manager or her/his designated representative, the director or coordinator of area in which the applicant's position exists, Paid Staff member of the area if applicable, an Unpaid Staff person from the same area, and a non-voting Affirmative Action Officer. Selection for each of the representative positions on the Applicant Review Committee shall be made by those whose position is to be represented within fourteen days of Manager's request, unless both parties agree to an extension. If no selection is made within the appointed time, Management may appoint the members of the Applicant Review Committee. The final decision on hiring is the responsibility of the General Manager. C. The Applicant Review Committee shall schedule and conduct interviews (either in person or telephonically) with job applicants and no permanent employee shall be hired until an interview by the Applicant Review Committee has been completed, and a recommendation submitted in writing to the Manager, which shall be completed within three days after the interview. If for some reason, the Director or coordinator of area in which the applicant's position exists, Paid Staff person, or the Unpaid Staff person cannot participate in the Committee, these individuals can be drawn from the nearest relevant department. D. The Affirmative Action Officer shall be jointly appointed by both Management and Union, report to both, and shall serve at the pleasure of both for a one-year term. The Affirmative Action Officer will insure that affirmative action guidelines are followed in all hires. In the case of interim jobs of a foreseeable and recurring nature, an Applicant Review Committee shall be allowed for investigation constituted and preparation meet at least once to consider applicants and make a recommendation to Employer. The Employer shall post written notice of grievances consistent each hire, and will notify all unsuccessful candidates as soon as possible after the position has been filled. E. Transfers: Management shall make no lateral transfers of Paid Staff from one department or position to another without the consent of the person being transferred, following consultation with the public safety. Grievances relating Chief ▇▇▇▇▇▇▇ and subject to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure. F. It is the continuing policy of Management that the provisions of this agreement shall be applied to all qualified employees and that such persons shall be given equal employment opportunity, in accordance with existing State and Federal laws, without regard to race, color, religious creed, national origin, sex, sexual preference, age, veteran status, or mental or physical handicap as defined by law. Without limitation of the foregoing, it is the ongoing policy of Management to take positive action to assure compliance with all applicable State, Federal or Municipal laws in the area of equal employment opportunity and to support and apply Pacifica Foundation s and WBAI s programs of affirmative action for the employment and advancement of qualified females, minorities, disabled persons, disabled veterans and veterans of the Vietnam era.

Appears in 3 contracts

Sources: Union Contract, Labor Contract, Union Contract

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a 14.01 Any dispute between the parties as it relates to Co-operative, the terms Union or the employees covered by this Agreement which concerns the interpretation, application or alleged violation of this agreementAgreement may be presented as a grievance. 14.02 Any employee, the Union, or the Co-operative may present a grievance. A Grievance Any grievance which is not presented within fifteen (15) working days following the event giving rise to such grievance, or within fifteen (15) working days of the last day worked when relating to a discharge grievance, shall be handled in forfeited and waived by the following manneraggrieved party. 14.03 The procedure for adjustment of grievances and disputes shall be as follows: (a) The grievance must be brought to A discussion between the attention Shop ▇▇▇▇▇▇▇ and/or Union Representative (with the aggrieved employee present or absent at their option) and the immediate supervisor, or in the absence of the Chief within five (5) days of its alleged occurrence. This may be done either orally immediate supervisor, the Human Resource Manager or in written form. Written grievances would be preferredtheir designate. (b) Failing agreement of sub-article (a), the grievance shall be submitted in writing within fifteen (15) working days and shall clearly set forth the issues and contentions of the aggrieved party, and the grievance shall be dealt with by the Shop ▇▇▇▇▇▇▇ and/or Union Representative and the Human Resource Manager or their designate in the event of their absence. The Chief Human Resource Manager or their designate shall render a written decision on any grievance initiated by an employee or the individual in command in Union, within fifteen (15) working days. A full-time Union Representative shall render a written decision on any grievance initiated by the absence of the Chief due to vacation or illness shall have five Co-operative, within fifteen (515) days in which to answer the grievanceworking days. (c) The aggrieved Party may appeal the decision in Step Failing agreement of subsection (b), then upon request of either party, but not later than ten (10) calendar days thereafter, the matter shall be referred to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his responsean Arbitrator, selected as per Article 15. (d) If the Union refers the matter to an Arbitrator as per Article 14.03 (c) above, a copy of the letter shall also be sent to the FCL Home Office Labour Relations Department in Saskatoon. 14.04 The Mayor's designee will have seven (7) days Co-operative and the Union agree that at any time prior to the hearing date for an arbitration they may voluntarily agree to use a mutually acceptable mediator in which their attempts to answer resolve the grievance. (e) If . It is expressly understood and agreed between the grievance parties that any such mediator has not been resolved after Step (d), no authority or powers under the Union terms of the Collective Agreement to impose or require the parties to accept their suggested settlement to the matter in dispute. All expenses and fees that may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs be incurred by such mediator shall be shared borne equally by the partiesCo-operative and the Union. The City Unless otherwise mutually agreed to between the Co-operative and the Union, by mutual agreement, this procedure may request only be used in situations where grievance mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) services are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessionavailable through provincial legislation. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance A12.1 Where an allegation is made that discharge of an employee is unjust or that this Agreement has been otherwise violated, the Job ▇▇▇▇▇▇▇ or Business Manager or his representative of the Local Union shall mean attempt to resolve the difference on the job with the ▇▇▇▇▇▇▇ or Superintendent of the Employer during which time there shall be no stoppage of work. A12.2 If the difference is not resolved or where a dispute difference arises between the parties as it relates Employer and the Union or a Local Union relating to the terms interpretation, application or administration of this agreement. A Grievance Agreement, the difference of opinion or dispute, including any question as to whether a matter is arbitrable, shall be handled resolved without stoppage of work in the following manner:. A12.3 If the difference is not resolved within forty-eight (a48) The grievance must be brought hours of the occurrence, the aggrieved party shall submit the difference and the remedy sought in writing to the attention Executive Director of the Chief Association and the International Representative of the Union within sixty (60) days of occurrence, or in the case of alleged unjust discharge, within ten (10) days of occurrence. Failure to submit the difference in writing within the specified time periods shall result in the matter being deemed to be waived. The foregoing time limitations shall not apply where there has been failure or refusal to remit employer contributions or deductions from employees as provided for in this Agreement. A12.4 Upon receipt of the matter complained of in writing, the Executive Director and the International Representative shall take such steps within forty-eight (48) hours as they deem necessary to attempt to adjust such difference of opinion or dispute. If the difference is not resolved within five (5) days of its alleged occurrence. This may be done either orally or in receipt of written form. Written grievances would be preferredsubmission, the Executive Director and the International Representative may, upon mutual agreement of the parties, refer the matter to a Pipeline Industry Grievance Panel. (b) The Chief or A12.5 Where the individual in command in parties agree to refer the absence matter to a Pipeline Industry Grievance Panel, such Panel shall be drawn from among the regular and alternate members of the Chief due to vacation Canadian Pipeline Advisory Council or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the partiestheir designated substitutes. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members Chairman of the Grievance Committee may meet with the Advisory Council shall appoint two (2) representatives of the City for participating Unions and the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction Chairman of the Civil Service Commission National Labour Relations Committee shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.appoint two

Appears in 3 contracts

Sources: Operating Engineers Distribution Pipeline Agreement, Master Agreement, Master Agreement

GRIEVANCE PROCEDURE. Section 1During the term of this Agreement, any difference concerning the dismissal, discipline or suspension of an employee or the interpretation, application, operation or any alleged violation of this Agreement, including any question as to whether any matter is arbitral, shall without stoppage of work, be the subject of collective bargaining between the Union and the Employer and shall be finally and conclusively settled under and by the following procedure. All disciplinary letters or notes that are destined to be placed on the employee’s personnel file for future reference must be copied to the Union President in addition to the applicable Manager, Human Resources. In the first instance, within thirty (30) calendar days of the date on which the incident giving rise to the grievance occurred or of the date when the employee or Union first became aware of the incident, whichever is later, the grievance shall be submitted in writing to the Department Head directly concerned, and if the alleged grievance is not settled within five (5) days, the letter of grievance shall be referred to the Union’s grievance committee. The term Grievance shall mean a dispute between the parties as it relates to the terms of this agreement. A Grievance grievance shall be handled brought before the Union's Grievance Committee, who in turn, will meet with the following manner: (a) The grievance must be brought to the attention of the Chief Employer's Committee within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence presentation of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the matter. Should no settlement be reached within five (5) full working days, the grievance equitably at each stepshall be referred to a Board of Arbitration. Members The Board of Arbitration shall consist of one nominee appointed by the Employer and one appointed by the Union. These two nominees shall name a third member who shall be Chairman within three days. Should the nominees of the Grievance Committee respective parties fail to select a Chairman, then either party to the Agreement may meet with apply to the representatives Minister of the City Labour for the purpose Province of resolving said grievance during duty hoursBritish Columbia to appoint such third member. A reasonable amount of time will be allowed for investigation The expenses and preparation of grievances consistent with compensation to the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission arbi- trators shall be handled in accordance with Chapter 400 borne by the respective parties. The expenses and compensation for the Chairman shall be borne equally between the parties. Within ten (10) days following its initial meeting, the Board of Arbitration shall reach a decision and its findings made known. The majority decision shall be final and binding on the Code of Iowa only and shall not proceed under the grievance procedureparties.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute 29.1 Should differences arise between the parties as it relates to the terms of this agreement. A Grievance shall be handled in the following manner: (a) The grievance must be brought to the attention of the Chief within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union or members of the bargaining unit employed by the City, as to the meaning and application of the provisions of this Agreement, there shall attempt be no suspension of work or slow down by the Union or the employee on account of such differences, but an ▇▇▇▇▇▇▇ effort shall be made to agree upon settle the same by the following methods of procedure: STEP 1: Between the employee and or his/her representative and his/her immediate supervisor outside the bargaining unit, providing the employee's grievance meets the conditions specified in Section 3 below. STEP 2: Between the Union ▇▇▇▇▇▇▇ within whose assigned area the employee works and the Department Head or Agency Director to whom the differences shall be submitted in writing, and the decision of the Department Head or Agency Director shall be given in writing to the employee and/or his/her Union ▇▇▇▇▇▇▇ within three (3) working days. STEP 3: Between the Field Representative of Council 94, AFSCME and Local Union President and the City Personnel Director and any other City representatives chosen by the Personnel Director. The City and Union may each call two witnesses and any others that may be necessary and mutually agreed upon. A hearing will be held to hear the 3rd step grievance within 45 days of the grievance being presented to Personnel. 29.2 The Mayor shall have the right to intervene in Step 3 above if he/she deems it desirable or necessary to do so in the interest of the City or if the health, welfare or safety of its citizens is endangered. 29.3 Unless an employee who is aggrieved by City action submits his/her grievance in writing to his/her immediate supervisor outside the bargaining unit within ten (10) days of the occurrence of such grievance, it shall not be considered a mediatorgrievance under the terms of this Agreement. 29.4 If the difference or differences are not satisfactorily adjusted in Steps 1 or 2 above within ten (10) working days, then the grievance will proceed to the next step. If the parties candifference or differences in Step 3 are not agree upon a mediatorsatisfactorily adjusted, they shall then either party may within forty-five (45) calendar days of completion of Step 3 request that PERB appoint a mediatorarbitration of the matter by sending such request for arbitration by certified mail, postage prepaid, to the other party, setting forth the issues to be arbitrated. If the issue(scity fails to issue an answer within forty-five (45) are not resolved days of the hearing at Step 3, then the City shall bear the full cost of the arbitration, unless the parties agree to both parties satisfaction extend the time for the City to file an answer, which such extension shall be in mediation writing and specify a time for the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are answer to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedurefiled.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1Both the Union and the City recognize that grievances and complaints should be settled promptly and at the earliest stage and that the grievance process must be initiated within 10 work days of the incident or knowledge of the incident. A grievance shall be defined as a dispute which involves the interpretation, application or compliance of the provisions of this Agreement. The term Grievance written grievance shall mean a dispute between include the parties as it relates facts upon which the grievance is based, the articles alleged to be violated and the terms of this agreementrelief sought. A Grievance The grievance shall be handled signed and dated by the grievant. All grievances which may arise shall be processed in the following manner: (a) Step 1. The aggrieved employee shall present the grievance must be brought orally to his/her ▇▇▇▇▇▇▇. The ▇▇▇▇▇▇▇ and/or the attention of aggrieved shall attempt to resolve the Chief grievance with the immediate supervisor, who may call higher level supervisors into the discussion. If it is not resolved at this level within five (5) days of its alleged occurrence. This may work days, the grievance shall be done either orally or processed as outlined in written form. Written grievances would be preferredStep 2. (b) Step 2. The Chief or grievance shall be presented in writing to the individual in command in department head. The parties may schedule a meeting, at the absence of the Chief due department head’s option, to vacation or illness shall have five (5) days in which to answer discuss the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing If not resolved within five (5) working days after at this level, the Chief has given his responsedepartment head shall note his/her response on the grievance form and it shall be processed as outlined in Step 3. Step 3. The grievance shall be presented by letter to the City Manager. If it is not resolved at this level within ten (d10) The Mayor's designee will have seven (7) days days, the City Manager shall note his statement on the grievance form and it shall be presented to the proper channels for processing as outlined in which to answer the grievanceStep 4. (e) Step 4. If the grievance has a satisfactory settlement is not been resolved after Step (d), the Union may reached within five (5) working days request binding arbitration as prescribed in of completion of Step 3, the Iowa Public grievance shall be submitted to arbitration, by notifying the Director of Administrative Services of its intent. The Union’s executive board shall decide whether to submit the grievance to arbitration. Prior to filing for arbitration, but within 20 working days of the City Manager’s response, the parties shall each select three (3) arbitrators from the Wisconsin Employment Relations ActCommission staff. Arbitration costs From those six arbitrators, five names shall be shared drawn. The parties shall then proceed to alternately strike from that panel until an arbitrator is selected. The striking order shall be determined by a coin toss. Within 10 working days of the selection, the Union shall send a "Request for Grievance Arbitration" form to the WERC. The decision of the arbitrator shall be "final and binding" on both parties, however, he/she shall have no right to amend, modify, ignore, add to or delete the provisions of this Agreement. The decision of the arbitrator shall be based solely upon his interpretation of the express language of the Agreement. Expenses for the arbitrator’s services and proceedings shall be borne equally by the parties. The City Employer and Union but each shall be responsible for compensating its own representatives and witnesses except that the Union, by mutual agreement, may request mediation to help bring resolution to the grievancegrievant and four (4) employees shall receive their regular rate of pay for any scheduled time lost. If mediation a grievance is agreed uponnot presented within the time limits set forth above, the City and the Union it shall attempt to agree upon a mediatorbe considered waived. If the parties canCity does not agree upon answer a mediatorgrievance within the specified time limits, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in may appeal the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after to the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each next step. Members of Time limits in each step may be extended by mutual written agreement between the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hoursparties. A reasonable amount of time will be allowed for investigation All grievances and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission solution shall be handled put in accordance with Chapter 400 writing and presented to the personnel office. Pay owed an employee dating from a disciplinary action involving pay (e.g. suspension, demotion, termination) shall be reinstated from the date of the Code such disciplinary action if such action is not sustained through processing of Iowa only and shall not proceed under the grievance procedurea grievance.

Appears in 3 contracts

Sources: Working Conditions Agreement, Working Conditions Agreement, Working Conditions Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute between ‌ 28.01 For the parties as it relates to the terms of this agreement. A Grievance shall be handled in the following manner: (a) The grievance must be brought to the attention purpose of the Chief within five (5) days Articles and this Collective Agreement, the term "grievance" means all differences of its opinion concerning the interpretation, application, administration or alleged occurrenceviolation of the Collective Agreement as well as any disagreement concerning working conditions or directly relating to working conditions. Step I Meeting with the Inflight Service Manager at the Cabin Attendant's home base. This Meeting with the Inflight Service Vice-President. 28.02 Grievances under this Article may be done either orally initiated by any Cabin Attendant, or in written form. Written grievances would group of Cabin Personnel, who consider themselves aggrieved, or by the Union, provided such grievance be preferred. (b) The Chief or the individual in command in the absence filed within a period of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) 60 days after the Chief has given his responsegriever(s) would reasonably have knowledge of the incident giving rise to the grievance. Moreover, the Cabin Attendant subject to disciplinary action or discharge who feels unfairly treated may lodge a grievance through the Union within 15 days of receiving the Company's decision, excluding Saturday, Sunday and statutory holidays. (d) The Mayor's designee 28.03 A hearing will have seven (7) be held by the Company within 15 days in which to answer the grievance. (e) If after the grievance has been received (Step I). 28.03.01 A decision must be rendered within 15 days of the hearing, and the parties concerned, including for the Union, the Griever(s), the President(s) of the appropriate locals and the Component President, must be given written notification thereof. Should there be no reply within the above time limits or if the Union disagrees with the decision, it may appeal at Step II of the procedure within 15 days of either of the above- mentioned eventualities. 28.04 Time limits will be exclusive of Saturdays, Sundays and statutory holidays and may be extended by mutual written agreement. 28.05 Any decision not been resolved appealed within the relevant time limits will be final and binding on the parties concerned. 28.06 All Cabin Personnel witnesses called by the Union will be granted the time off needed, subject to the requirements of the operation, in order to make their deposition, and will be provided transportation if space available to and from the hearing. 28.07 After receiving notice from the Union to lodge the grievance at Step II, the Company will have 15 days to hold a hearing, and 15 days after that to inform the Union of its final decision. 28.08 If no satisfactory settlement is obtained at Step (d)II, the Union may initiate the arbitration procedure, in accordance with Article 30, within five (5) 60 days of receiving the Company's decision. 28.09 The employee will be released to attend meetings referred to in this Article at the request binding arbitration as prescribed in of the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by Company and will receive 4 pay for each meeting/hearing with the parties. The City and Company or, where released from a flight, the Unionscheduled flight time credits for the flight. 28.10 At the written request of the Union or the Company, by mutual agreement, may request mediation to help bring resolution the other party will make available copies of any documents relevant to the grievance. If mediation is agreed upon, The Company shall send a copy of all relevant documents within 10 business days following the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessionrequest. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 16.01 The parties to this agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. 6.02 No grievance shall be considered (i) which takes over or displaces the function of management, or (ii) where the circumstances giving rise to it occurred or originated more than ten (10) full working days before the filing of the grievance, (iii) unless the Employee has first given their immediate supervisor an opportunity to adjust their complaint. 6.03 Failing a satisfactory resolution as outlined in 6.02 (iii) the Union shall submit a written grievance to the Director of Labour Relations, or their designate, within ten (10) working days of an issue being identified. The term Director of Employee and Labour Relations, or their designate shall, where practicable, meet with the Grievance shall mean a dispute between Committee, the parties as it relates to grievor, and the terms of this agreement. A Grievance shall be handled in the following manner: ▇▇▇▇▇▇▇ if necessary, within fifteen (a15) The grievance must be brought to the attention working days of the Chief within five (5) days receipt of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed uponThe Director of Employee and Labour Relations, or their designate will issue a response in writing to the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members Chairperson of the Grievance Committee may meet with the representatives within ten (10) working days of the City for above meeting. In the purpose event the Director of resolving Labour Relations, or their designate, denies the grievance, they shall state the reasons in writing. 6.04 Where a satisfactory settlement of the matter in dispute is not reached, the said grievance during duty hours. A reasonable amount of time will matter may be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating referred to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted Arbitration under the jurisdiction provisions of Article 7 within thirty (30) calendar days of the Civil Service Commission receipt of the Director of Employee and Labour Relations, or their designates, response. By agreement of the parties unresolved grievances may be referred to mediation. The mediator shall be handled in accordance with Chapter 400 selected by mutual agreement of the Code parties and expenses shall be shared equally. 6.05 The City (HSR) and the Union agree to abide by the terms of Iowa only and the Ontario Human Rights Code. Any hourly/salary-rated Employee who may consider that they have been discriminated against or harassed by any member of the supervisory staff shall discuss the case with a member of the Grievance committee within two (2) working days of the occurrence, giving rise to same. If the committeeman consulted does not proceed under feel that the matter has been settled to the satisfaction of all concerned, grievance procedure.proceedings may be instituted by either the aggrieved party or the Grievance Committee of the Local 107, commencing at Step 2 within six

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute 8.01 Differences or disputes arising between the parties as it relates to Region and the terms of this agreement. A Grievance employee shall be handled considered as grievances and shall be dealt with in the following manner: (a, and all grievances shall be submitted and answered in writing, and shall state the Article(s) The grievance must be brought to in dispute, the attention nature of the Chief grievance, the affected employee(s) and the remedy sought. While it is agreed by the parties that grievances should be settled as early as possible in the grievance procedure, the parties also recognize the importance of discussing issues before the need for a grievance arises. Step 1: An employee having a grievance shall present it to his ▇▇▇▇▇▇▇ in writing. If the Union ▇▇▇▇▇▇▇ considers the grievance to be justified, they shall jointly take the matter up within five (5) business days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in event giving rise to the absence grievance to the appropriate representative of the Chief due to vacation or illness management, who shall have five (5) business days in which to answer render a decision. Failing a satisfactory settlement, the grievance. (c) The aggrieved Party may appeal second Step of the decision in Step (b) to the Mayor's designee for the City. This must grievance procedure shall be done in writing invoked within five (5) business days after of the Chief has given his responsemanagement's answer at Step 1. (d) Step 2: The Mayor's designee will have seven (7) days in which grievance shall be submitted to answer the grievance. (e) If Department Head or his/her designate who shall meet with the grievance has not been resolved after Step (d), the Union may grievor and who shall render a decision within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Actbusiness days. Arbitration costs shall The grievor may be shared equally accompanied and represented at this Step by the partiesGrievance Committee. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed uponFailing a satisfactory settlement, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in third Step of the grievance procedure shall exclude Saturdays and Sundays and observed holidaysbe invoked within five (5) business days of the management's answer at Step 2. Step 3: (gi) Each party may ask for an extension The grievance shall be submitted to the Commissioner of not more than sixty (60) daysCorporate Services, after who will meet with the neutral has been selected. The time limits hereinabove are to be strictly construed grievor and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives within ten (10) business days of the City date of request for the purpose of resolving said grievance during duty hourssuch meeting. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission The decision shall be handled in accordance with Chapter 400 given within seven (7) business days from the date of the Code of Iowa only and shall not proceed under such meeting. Where the grievance procedurehas a significant impact on the membership as a whole, the union may request that the matter be heard directly by the Commissioner of Corporate Services.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 17 A. GRIEVANCES 18 1. The term Grievance Differences involving the interpretation, application or enforcement of the 19 provisions of this Agreement or the application of a rule or regulation of the 20 Milwaukee Police Department affecting wages, hours, or conditions of 21 employment shall mean constitute a dispute between grievance under the parties as it relates provisions set forth 22 below. Matters of departmental discipline involving application of the rules 23 or regulations of the Milwaukee Police Department which are not subject to 24 appeal to the terms Board of this agreement. A Grievance Fire and Police Commissioners, shall be handled in constitute a 25 grievance under the following manner: (a) The grievance must be brought to aforementioned provisions and matters of departmental 26 discipline involving application of the attention rules or regulations of the Chief of 27 Police which are subject to appeal to the Board of Fire and Police 1 Commissioners shall not constitute a grievance under the aforementioned 2 provisions. Matters involving approval of medical (or dental) insurance 3 claims filed by an employee, or medical (or dental) insurance claims filed 4 by an employee on behalf of his/her dependents, shall not constitute a 5 grievance under the aforementioned provisions. 6 Obligations of the City under Chapter 65, Wisconsin Statutes, and any 7 pension matter under the exclusive jurisdiction or control of any duly 8 constituted pension board shall not constitute a grievance under the 9 provisions aforementioned. 10 2. This Grievance Procedure shall be inapplicable to grievances involving 12 or life insurance benefits, other than a matter involving claims, shall be 13 submitted directly to the City Labor Negotiator for review within fifteen 14 (15) calendar days of the occurrence of the incident leading to such 15 grievance. Within fifteen (15) calendar days following receipt of such 16 grievance by the City Labor Negotiator, representatives of the MPA shall 17 meet with the City Labor Negotiator, or his/her designee, at a mutually 18 convenient time and place in an attempt to resolve the grievance. 19 Following such meeting, the City Labor Negotiator shall answer the 20 grievance in writing setting forth the reasons for his/her decision and 21 submit same to the Association Grievance Committee Chairman within 22 twenty-five (525) calendar days of its alleged occurrencesuch meeting. This If the grievance is not 23 settled, the Association may be done either orally or in written form. Written grievances would be preferredproceed to final and binding arbitration as 24 hereinafter provided. (b) The Chief 25 3. All grievances and grievance appeals shall set forth the provision of the 26 Agreement and/or the rule or the individual in command in the absence regulation of the Chief due to vacation or illness shall have five (5) days in of Police under which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If 27 the grievance has was filed. All appeals of duly filed grievances not been resolved after Step submitted 28 by the Association or employee (d), hereinafter referred to as "member") 1 within the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs time limit specified shall be shared equally by termed abandoned grievances and as 2 such shall be considered as being resolved in favor of the parties. The City and the Union, by not 3 subject to provisions of this GRIEVANCE AND ARBITRATION 4 PROCEDURE. By mutual agreement, the parties may request mediation to help bring resolution to waive any of the grievance5 steps contained in this GRIEVANCE AND ARBITRATION 6 PROCEDURE. If mediation is agreed uponWith the consent of the Association, the City Labor 7 Negotiator may waive any of the steps contained in this GRIEVANCE 8 AND ARBITRATION PROCEDURE for grievances involving economic 9 matters; this waiver provision shall not apply to grievances over matters of 10 Departmental discipline. 11 4. In the event the Chief or Department takes a particular action which, in the 12 Association's view, results in a violation of the agreement and such action 13 adversely affects a number of members under circumstances that are 14 essentially identical, the Union MPA grievance committee may file a group 15 grievance on their behalf at the second step, within 15 calendar days of the 16 occurrence of the incident leading to such grievance. The group grievance 17 shall attempt identify by name, all members alleged to agree upon a mediatorhave been adversely affected 18 by such action. If the parties cannot agree upon a mediatorMPA grievance committee is unable to identify all 19 members of the group, they by name, within the time limit allowed for the filing 20 of grievances, it shall request that PERB appoint a mediatorspecify those facts which cause the adversely affected 21 members to be identically situated in its view. If Before responding to the issue(s) are not resolved 22 grievance, the Department shall provide the Association with information 23 or access to both parties satisfaction in mediation information reasonably necessary for the Union shall request binding arbitration within fourteen calendar days Association to 24 identify the members covered by the group grievance. The Association 25 must identify all members covered by the group grievance before appealing 26 it to arbitration. Alleged violations occurring after the mediation sessionoccurrence of the 27 incident giving rise to the group grievance shall not be considered to be 28 covered by the group grievance, even if the facts are alleged to be 1 essentially identical. In such a case, separate grievances or group 2 grievances must be timely filed in order to be considered. Nothing herein is 3 intended to preclude the parties from agreeing to consolidate grievances and 4 group grievances for purposes of arbitration. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected5 5. The time limits hereinabove are aggrieved member shall reduce his/her grievance to be strictly construed writing on a 6 provided numbered form and each party will make every effort shall present such written grievance to settle the grievance equitably at each step7 Association. Members of the Grievance Committee may The Association shall meet with the representatives grievant and if the 8 grievant so desires and the Association so determines, the Association shall 9 submit the written grievance to the Personnel/Administration Bureau within 10 fifteen (15) calendar days of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction occurrence of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.incident leading to the

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining 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. 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 term Grievance supervisor shall mean a dispute between the parties as it relates respond to the terms grievant with a copy of this agreement. A Grievance shall be handled in the following manner: (a) The grievance must be brought response to the attention of ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the Chief within five (5) days of its alleged occurrencemeeting. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d)remains unresolved, the Union may within five (5) days request binding arbitration as prescribed in submit it to Step Two. A representative of the Iowa Public Employment Relations Act. Arbitration costs appropriate Human Resources Department shall be shared equally by hold a meeting between the parties. The City head of the unit, the grievant, and the Union, by mutual agreement, may request mediation designated union representative on Employer paid time to help bring resolution discuss and attempt to resolve the grievance. If mediation is agreed uponThis meeting shall be held within fourteen (14) calendar days of the receipt of the Step Two grievance. Within fourteen (14) calendar days of the meeting, the City head of the unit shall provide a decision in writing to the grievant and the Union shall attempt union representative with a copy to agree upon a mediatorthe appropriate Human Resources Department. The parties are limited to two (2) representatives each, in addition to the grievant and the supervisor. If the parties cannot agree upon a mediatorgrievant remains unresolved, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessionmay submit it to Step Three as described below. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 3 contracts

Sources: Union Contract, Labor Contract, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 16.01 The parties to this agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. 6.02 No grievance shall be considered (i) which takes over or displaces the function of management, or (ii) where the circumstances giving rise to it occurred or originated more than ten (10) full working days before the filing of the grievance, (iii) unless the Employee has first given their immediate supervisor an opportunity to adjust their complaint. 6.03 Failing a satisfactory resolution as outlined in 6.02 (iii) the Union shall submit a written grievance to the Director, Employee Health and Labour Relations, or their designate, within ten (10) working days of an issue being identified. The term Director, Employee Health and Labour Relations, or their designate shall, where practicable, meet with the Grievance shall mean a dispute between Committee, the parties as it relates to grievor, and the terms of this agreement. A Grievance shall be handled in the following manner: ▇▇▇▇▇▇▇ if necessary, within fifteen (a15) The grievance must be brought to the attention working days of the Chief within five (5) days receipt of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed uponThe Director, Employee Health and Labour Relations, or their designate will issue a response in writing to the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members Chairperson of the Grievance Committee may meet with the representatives within ten (10) working days of the City for above meeting. In the purpose event the Director, Employee Health and Labour Relations, or their designate, denies the grievance, they shall state the reasons in writing. 6.04 Where a satisfactory settlement of resolving the matter in dispute is not reached, the said grievance during duty hours. A reasonable amount of time will matter may be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating referred to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted Arbitration under the jurisdiction provisions of Article 7 within thirty (30) calendar days of the Civil Service Commission receipt of the Director, Employee Health and Labour Relations, or their designates, response. By agreement of the parties unresolved grievances may be referred to mediation. The mediator shall be handled in accordance with Chapter 400 selected by mutual agreement of the Code parties and expenses shall be shared equally. 6.05 The City (HSR) and the Union agree to abide by the terms of Iowa only and the Ontario Human Rights Code. Any hourly/salary-rated Employee who may consider that they have been discriminated against or harassed by any member of the supervisory staff shall discuss the case with a member of the Grievance committee within two (2) working days of the occurrence, giving rise to same. If the committeeman consulted does not proceed under feel that the matter has been settled to the satisfaction of all concerned, grievance procedure.proceedings may be instituted by either the aggrieved party or the Grievance Committee of the Local 107, commencing at Step 2 within six

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1There shall be established a Canadian Joint Conference Board (see Article XVI) that shall have oversight of the following Grievance Procedure. The term Grievance All disputes and controversies as to the meaning, interpretation, application or alleged violation of any provision of this Agreement shall mean be treated as a dispute between grievance and be disposed of as set forth herein, provided, however that in no event shall a local agreement, settlement, understanding or adjustment at the parties as it relates local level be deemed to change, alter, modify or amend the terms or intent of this Agreement. Any provision in a local Agreement contrary to, or in conflict with the terms of this agreementAgreement shall not be enforced as to any Employers and employees subject to this Agreement. Any arbitration award or settlement under the terms of the local Agreement, or any other settlement, understanding or adjustment contrary to or in conflict with the terms and intent of this article is subject to the foregoing. Step 1. A Grievance grievance shall be handled filed, in writing, by either party within ten (10) working days of the following manner:circumstances giving rise to the grievance, a copy of which must be sent to the CPFA office, and an effort shall be made by the representatives of the Union and the Employer to resolve it within a period of ten (10) working days from the filing of the grievance. Step 2. Failing Settlement in Step 1: An International Representative of the United Association and an Employer Representative shall meet within a period of ten (10) working days thereafter for the purpose of attempting to settle the grievance. Failing settlement in Step 2, the grievance may be advanced to Step 3. Step 3. The grievance may be presented as a request for arbitration by filing it together with a statement of the grievance, or matter to be arbitrated, the dates upon which it occurred, full particulars of the claim, the parties involved and the remedy requested with the Canadian Joint Conference Board. A copy of such written request shall be served by the Chairman of the Board upon the United Association and the Employer or Employers involved and upon the Canadian Pipe Fabricators Association. Thereafter, (a) The grievance must be brought to If, within ten (10) working days after the attention date upon which the notice has been served, neither of the Chief within five (5Union or the Employer(s) days involved in the grievance serve a written notice upon the Chairman that the grievance be submitted directly to an impartial arbitrator in lieu of its alleged occurrence. This may be done either orally or a hearing before the Canadian Joint Conference Board as set forth in written form. Written grievances would be preferred.Step 4, or (b) The Chief If, within ten (10) working days of the date the Chairman was served notice as aforesaid, either of the United Association or the individual in command Employer(s) involved in the absence grievance serves a written notice upon the Chairman that it desires the grievance to be submitted directly to an impartial arbitrator in lieu of a hearing before the Canadian Joint Conference Board, the Chairman shall notify the party and the grievance shall then proceed to Step 5, below. Step 4. The Chairman of the Chief due to vacation Canadian Joint Conference Board shall set the matter for an arbitration hearing in Toronto, or illness such other place as the Board may determine, on a date not later than fourteen (14) days, unless a later date is mutually agreed upon, after the expiration of the time period of Step 3. Notice of time and date of such hearing shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) be given to the Mayor's designee for Union and to the CityEmployer or Employers involved to appear and to be heard. This must be done in writing The Canadian Joint Conference Board shall render a decision within five thirty (530) working days after the Chief has given his responseclose of the arbitration hearing. Any decision rendered by the Canadian Joint Conference Board shall be final and binding on all parties. If the Canadian Joint Conference Board is unable to reach and does not render a decision within thirty (30) working days after the close of the hearing, or if the Board notifies the parties that it is deadlocked, within a period of thirty (30) days thereafter, the parties shall proceed to Step 6, if necessary. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union parties shall attempt to agree upon a mediatoran impartial arbitrator, who thoroughly understands the commercial manufacturing and pipe fabrication industry. If In the event the parties cannot agree upon an impartial arbitrator, then within a mediatorperiod of ten (10) working days thereafter, they shall either party may request that PERB appoint the appropriate Provincial Ministry of Labour or Arbitration Commission, as the case may be, to submit a mediatorlist of three (3) arbitrators, who understand the commercial manufacturing and pipe fabrication industry, for the position of impartial arbitrator. If the issue(sWithin five (5) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar working days after the mediation session. (f) The time limits specified in receipt of a list of candidates from the grievance procedure Ministry of Labour or the Commission as the case may be, the parties shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hoursstriking names off the list. A reasonable amount The party who shall go first shall be decided by winning the toss of time will a coin. The remaining name after each party has struck one name shall be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction impartial (arbitrator) of the Civil Service Commission Canadian Joint Conference Board. Step 6. Within five (5) working days after the selection of the impartial arbitrator, the parties shall meet and endeavor to prepare a statement of the issues to be decided. If no agreement on such a statement is reached, each party may prepare its own submission to the impartial arbitrator. The decision of the impartial arbitrator shall be handled in accordance with Chapter 400 final and binding on all parties. The expense of the Code Canadian Joint Conference Board and of Iowa only and the impartial arbitrator, if required, shall not proceed under be borne equally by the grievance procedureparties to the grievance.

Appears in 2 contracts

Sources: Canadian National Standard Agreement for a Commercial Manufacturing and Pipe Fabrication Shop, Canadian National Standard Agreement for a Commercial Manufacturing and Pipe Fabrication Shop

GRIEVANCE PROCEDURE. Section SECTION 1. The term Grievance : A grievance shall mean a 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 or other terms and 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 or other terms and conditions of employment. SECTION 2: Thus, should differences or disputes arise between the parties to this Agreement or between the employees covered herein and the City, other than cases of discharge and/or suspension, the aggrieved party to this Agreement or employee, or employees, as it relates the case may be, shall use the following procedures: Step 1 In the event that an employee believes there is a basis for a grievance, the employee shall first discuss promptly the alleged grievance with the immediate supervisor, accompanied by the On-Site Representative within ten (10) working days of the date of the occurrence of the event giving rise to the terms grievance. The supervisor shall then respond within five (5) working days. Step 2 In the event the aggrieved employee and the Union are not satisfied with the decision of this agreementthe supervisor, the On-Site Representative shall present the grievance in writing to the employee’s department director within five (5) working days of the date of the aforesaid decision. A Grievance The grievance shall be handled in signed by the following manneremployee and the On-Site Representative and shall specify: (a) The grievant’s name and position; (b) the date of the alleged grievance; (c) the specific Article(s) and Section(s) of this Agreement that were alleged to be violated (general statements such as “all articles” or “all applicable articles” or “including but not limited to Article ” are not acceptable and shall be cause for rejection of the grievance); (d) a clear and concise statement of the facts that support the alleged grievance; and (e) the relief requested. Upon presentation of this written grievance must be brought to the attention of the Chief department director, and within five (5) working days of its alleged occurrencethereafter, the department director, the employee and the On-Site Union Representative shall attempt to resolve the dispute. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have Within five (5) working days thereafter, the department director shall render a decision in which writing to answer both the grievanceemployee and to the On-Site Representative. (c) The Step 3 In the event the aggrieved Party may appeal employee and/ the decision in Union are not satisfied with the written answer to Step (b) to 2 above, the Mayor's designee for grievance shall be presented by the City. This must be done in writing Union within five (5) working days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which Step 2 decision is rendered to answer the grievance. (e) If the grievance has not been resolved after Step (d)Human Resources Director, the Union may who will, within five (5) working days request binding arbitration as prescribed of the receipt of same, meet with a representative of the Union in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation an attempt to help bring resolution to resolve the grievance. If mediation is agreed uponAt this meeting, the employee and the On-Site Representative may also be present. Within five (5) working days after this meeting, the Human Resources Director shall render a decision in writing. Upon seven (7) working days’ written notice, the City and the Union shall attempt Manager may designate another individual to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessionhear Step 3 grievances. (f) The time limits specified in SECTION 3: In cases involving suspension, demotion or discharge, a grievance shall be submitted directly at Step 3 of the grievance procedure shall exclude Saturdays and Sundays and observed holidaysutilizing the time limits contained at Step 1. (g) Each party may ask SECTION 4: Time is considered to be of the essence for an extension the purpose of Articles 7 and 8 of this Agreement. Accordingly, any grievance which is not more than sixty (60) days, after filed and processed within the neutral has been selectedtime limits set forth in Articles 7 and/or 8 will be presumed to be abandoned and foreclosed for all contractual and legal purposes. The time limits hereinabove are provided for in Articles 7 and 8 shall be strictly observed and shall be extended only by written agreement of the parties. Any grievance not answered by the City within the time limits provided for in Article 7 will be deemed to be strictly construed denied and each party will make every effort the aggrieved employee may proceed to settle the next highest step of the grievance equitably procedure. The City may raise the Union’s and/or an employee’s untimely submission or processing of a grievance at each step. Members any step of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure. SECTION 5: Application to this procedure shall foreclose the grievant from appealing to any other available procedure or vice-versa. SECTION 6: Nothing in this Article shall require the Union to process grievances for employees who are not members of the Union, in conformity with Florida law.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute between the parties as it relates to the terms of this agreement. A Grievance 12:01 Grievances shall be handled dealt with in the following manner: (a) The grievance must be brought manner provided such grievances are filed in writing within 15 working days of the occurrence of the incident which gave rise to the attention matter in dispute. Any employee or group of employees of the Fire Services covered by this agreement who is of the opinion that the employee has been unjustly disciplined, suspended, superseded, discharged, or unreasonably denied leave of absence, shall have the right to have the case investigated and to be represented by a Committee of the Association. STEP 1: The employee assisted by an officer of the Association shall discuss the case with the Fire Chief. The Fire Chief shall render his decision in writing together with the reason therefore, within five (5) working days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferredthe hearing. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) STEP 2: If the grievance has Committee considers that a satisfactory settlement was not been resolved after reached at Step (d)1, the Union it may within five (5) working days of receipt of the Step 1 reply request binding arbitration a hearing by the Commissioner of Human Resources, or designated representative. Such request shall state the reason or reasons the answer at Step 1 was unsatisfactory and in what manner the City's interpretation of the contract clause in question is disputed. The Commissioner of Human Resources or his designated representative shall render a decision within five (5) working days of the hearing. STEP 3: If the Committee considers that a satisfactory settlement was not reached at Step 2, it may within five (5) working days of receipt of the Step 2 reply, request a hearing by the Chief Administrative Officer. The Chief Administrative Officer shall render a decision within five (5) working days of the hearing. STEP 4: If the Committee considers that a satisfactory settlement was not reached at Step 3, it may within five (5) working days of receipt of the Step 3 reply, request that the grievance be referred to Arbitration pursuant to the Fire Protection and Prevention ▇▇▇ ▇▇▇▇. 12:02 In the event that any employee or group of employees who have been unjustly discharged or suspended shall be reinstated as prescribed the result of such settlement of any disagreement as aforesaid, such reinstatement shall be made without loss of time, pay or seniority to such employee. 12:03 No employee shall be discharged or disciplined except for just and sufficient cause. In any discharge or discipline grievance, an Arbitration Board or single Arbitrator shall have the power to dispose of the grievance by any arrangement, which in the Iowa Public Employment Relations Act. opinion of the Arbitration costs Board or single Arbitrator, it is deemed to be just and equitable. 12:04 Any employee or group of employees having a grievance which the employee wishes the Committee of the Association to represent for such employee shall be shared equally put the grievance in writing on the grievance form adopted by the partiesAssociation. The City and Committee of the Union, Association shall abide by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, steps on the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessiongrievance form. (f) The time limits specified in 12:05 In the matter of a grievance procedure a Board of Arbitration or Arbitrator shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension not alter, modify or amend any part of not more than sixty (60) daysthis agreement or make any decision inconsistent with its provisions, after or the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members provisions of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation Fire Protection and preparation of grievances consistent with the public safety. Grievances relating to original entrancePrevention Act, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure1997.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean 2601 Should a dispute arise between the parties as it relates to Employer and an employee or the terms Association concerning the interpretation, application or alleged violation of this agreementAgreement. A Grievance 2602 The employee and her supervisor shall be handled in first attempt to resolve the following manner: dispute by means of discussion. 2603 Within fourteen (a) The grievance must be brought to the attention of the Chief within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (514) days after the Chief has given incident giving rise to the grievance (herein called the incident) becomes apparent, a written grievance shall be filed with the Department Head or his response. (d) The Mayor's designee will have designate. 2604 Within seven (7) days in which after the grievance has been filed, the Department Head or his designate shall investigate the matter and reply. 2605 Within twenty-eight (28) days after the incident became apparent, the unresolved grievance shall be submitted to answer the Divisional Director, Human Resources or designate. (Health Sciences Centre, Breast Health Centre and Critical Care Transport Team only) 2606 Health Sciences Centre, Breast Health Centre and Critical Care Transport Team only: Within seven (7) days after receiving the grievance. , the Divisional Director, Human Resources or designate shall investigate the matter, conducting a hearing upon request, and reply. The Grievance investigation Process (eGIP) as outlined in MOU #6 requires that all grievances that have reached the stage where they would be referred to Arbitration are referred to the grievance investigator prior to proceeding to Arbitration, UNLESS the Executive Director of the Association (MAHCP) and the Director at the Provincial Health Labour Relations Services (PHLRS) agree that it shall not be investigated or mediated by the individual named as the Grievance Investigator. 2607 If the grievance has is not been resolved after Step (d), the Union may within thirty-five (535) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. incident became apparent, it may be submitted for binding arbitration under Article 27 within the next ensuing fourteen (f14) days. 2608 All grievances shall be considered and settled on their individual merits, and not dismissed by reason of any technicality. However, it is clearly understood that time limits established therein are for the sake of procedural orderliness and are to be adhered to. The time limits specified in above may be extended by the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members mutual agreement of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hoursparties as confirmed in writing. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission 2609 An incident shall be handled deemed to have become apparent at the time when a reasonable person might reasonably have become aware of it under actual or reasonable circumstances. 2610 Nothing contained in this Agreement shall preclude settlement of a dispute or grievance in any matter whatsoever by mutual agreement between the Association and the Employer. 2611 Unless dismissed or suspended by the Employer, the employee shall continue to work in accordance with Chapter 400 the Agreement until such time that the grievance is settled. 2612 An employee may elect to be accompanied or represented by an Association representative at any stage of the Code Grievance/Arbitration procedure, or in any matter relating to this Collective Agreement. 2613 Every effort will be exerted by the Employer and the Association to resolve grievances expeditiously. The parties shall consider all grievances on their individual merits. 2614 Nothing in this Agreement shall preclude settlement of Iowa only a grievance by written mutual agreement between the Employer and shall not proceed under the grievance procedureAssociation in any manner whatsoever, or voluntary written extension of stipulated time limits.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 7.1 Union may file a grievance concerning the interpretation of any provision, including the prevailing rights, of this Agreement and/or disciplinary action taken against an Employee when a question of just cause exists. All grievances shall be processed through the Union. All references to submitting the grievances in writing shall include through the City’s e- mail system. Removal, demotion, and discharge shall be subject to the grievance procedure or subject to the jurisdiction of the City Council as provided in Article 11 of the Charter of the City of Tulsa as the member shall elect, except for new hires as provided in Article 1, Section 1.2. The member's election of remedies shall be binding and irrevocable. Grievances under this Agreement shall be processed in accordance with the following: Step 1. The term Grievance grievance shall mean a dispute between the parties as it relates be submitted in writing to the terms Fire Chief or his designee. By virtue of this agreement. A Grievance shall the supervisory capacity in which they serve, Employees holding the rank of District Chief and above may be handled in the following manner: (a) The grievance must be brought required to investigate and provide necessary input and recommendations to the attention Fire Chief in his/her deliberation of first step grievances. The Fire Chief shall submit his/her answer to the Chief Employee in writing, with a copy to be forwarded to the Union within five ten (510) calendar days after receipt of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party Step 2. If the grievance remains unresolved, it may appeal the decision in Step (b) be submitted to the Mayor's designee for Human Resources Director of the City. This must be done City in writing within five ten (510) calendar days of receipt of the written answer from the Fire Chief. Within ten (10) calendar days after receipt of the grievance, the Human Resources Director or his/her designee and appropriate supervisory representatives of the Fire Department shall meet with three (3) members of Union Grievance Committee in an attempt to resolve the grievance. The Human Resources Director or his/her designee shall submit ▇▇▇▇▇▇▇▇'s answer in writing to the Grievance Committee within ten (10) calendar days after such meeting. Section 7.2 If the grievance is unresolved after receipt of Employer's answer in Step 2, Union may request in writing within ten (10) calendar days that the grievance be submitted to impartial arbitration. Prior to arbitration, the parties may mutually agree to utilize mediation to attempt to resolve the grievance. Section 7.3 No matter shall be entertained as a grievance hereunder unless it is raised as such within twenty (20) calendar days after the Chief has given his responseoccurrence of the event or after the Employee becomes aware of or reasonably should have been aware of the event giving rise to the grievance. Section 7.4 All time limits set forth in this Article may be extended by mutual consent, but if not so extended, they must be strictly observed. If a party fails to pursue any grievance within the time limits provided, he/she shall have no further right to continue the grievance. Likewise, failure to respond to a grievance by the appropriate Employer agent within the prescribed time limits shall allow Union or grieving member to automatically move the grievance to the next step. Section 7.5 Within ten (d10) The Mayor's designee will have calendar days from receipt of the request for arbitration, the parties shall jointly request a panel of seven (7) days in which arbitrators from the Federal Mediation and Conciliation Service, unless the parties can mutually agree upon an arbitrator to answer hear the grievancedispute. The parties agree to alternate, on a per case basis, the cost of requesting a panel. Section 7.6 Within ten (e10) If the grievance has not been resolved after Step calendar days from receipt of such panel, a representative of Union and Employer shall meet and alternately strike names until one (d), the Union may within five (51) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs arbitrator remains who shall be shared equally by selected as the partiesimpartial arbitrator. The City Employer shall strike the list first in even years, Union shall strike the list first in odd years. Section 7.7 Within ten (10) calendar days the Federal Mediation and Conciliation Service and the Union, by mutual agreement, may request mediation to help bring resolution arbitrator selected shall be notified. Prior to the grievance. If mediation is agreed upondocketing of the arbitration hearing, the City and the Union shall agree to meet, at the request of either party, in an attempt to agree reach a settlement of the grievance. The date for the arbitration hearing shall be determined within twenty (20) calendar days from the date of the settlement discussion. Section 7.8 The parties may mutually agree, or the arbitrator may allow briefs upon an oral motion of one party and the arbitrator determines that written briefs would be important to the disposition of the case. Section 7.9 With respect to the interpretation, enforcement, or application of the provisions of the Agreement, the decisions, findings, and recommendations of the arbitrator shall be final and binding on the parties to this Agreement; however, the authority and responsibility of Employer as provided by the Charter of the City of Tulsa shall not be usurped in any manner unless specifically amended or modified by this Agreement. Section 7.10 The arbitrator's authority is strictly limited to the interpretation and application of the terms of this Agreement. The arbitrator shall have no jurisdiction to establish a mediatornew agreement or any variation or modification of the present Agreement, nor to arbitrate away, in whole or part, any provision of this Agreement or any supplements thereto or amendments thereof; nor shall any wage structures or structure of job classifications covered by this Agreement be subject to arbitration. This shall not preclude individual wage grievances. Section 7.11 It is specifically and expressly understood that taking an appeal to arbitration constitutes an election of remedies and a waiver of any and all rights by the appealing party and all persons it represents to litigate or otherwise contest the appealed subject matter in any court or other forum. This Section shall not apply to the judicial enforcement of an arbitration award. Section 7.12 The cost and expenses incurred by the impartial arbitrators shall be shared equally by Union and Employer. If a transcript of the proceedings is requested, then the party so requesting shall pay for it. Section 7.13 Two (2) representatives from Union and the grieving Employee may be present at the arbitration hearing without loss of pay for time spent in arbitration if the hearing is scheduled during the Employee's normal work period. Section 7.14 All issues in a particular arbitration, including issues relating to arbitrability, shall be heard in a single hearing. If additional information becomes available that could affect the second step decision, the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessionmeet and discuss such information prior to arbitration. (f) The time limits specified Section 7.15 When an Employee receives written notification of disciplinary action that would result in a monetary loss to the Employee, or the Employee elects the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension in the instances of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension discharge, the Employee or other matters accepted under Union shall have twenty (20) calendar days to grieve the jurisdiction action and the grievance will be filed at Step 2 of this procedure. The Human Resources Director or his/her designee shall conduct a hearing as set forth in Step 2 within ten (10) calendar days of receipt of the Civil Service Commission grievance and shall be handled in accordance with Chapter 400 issue a written answer within ten (10) calendar days of the Code of Iowa only and shall not proceed under the grievance procedurehearing.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute between the parties as it relates to the terms of this agreement. A Grievance shall be handled in the following manner: (a) The grievance must be brought to the attention of the Chief grievant within five (5) work days of its alleged occurrencereceipt of a written request to hold such meeting. Grievances challenging suspensions, reductions in pay, demotions and terminations may be filed at Step 3 within the time frame set forth above. Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the grievant may submit the grievance in writing within ten (10) work days to such management official as the Department Manager may designate. This may be done either orally or in formal written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence grievance shall state which provision of the Chief due MOU has been misinterpreted or misapplied, how misapplication or misinterpretation has affected the grievant to vacation the grievant's detriment, and the redress he or illness she seeks. A copy of each written communication on a grievance shall be filed with the Administrative/ Human Resources Manager. The Department Manager or his or her designee shall have five twenty (510) work days in which to answer respond to the grievancegrievance in writing. (c) The aggrieved Party Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the union may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five ten (510) work days after to the Chief has given his response. Administrative/Human Resources Manager. The Administrative/Human Resources Manager shall have twenty (d20) The Mayor's designee will have seven (7) work days in which to answer investigate the grievance. (e) If merits of the complaint and to meet together at the same time with the Department Manager or his/her designee, the grievant, and the union. For grievances involving interpretation of this MOU, the Administrative/Human Resources Manager will decide the grievance has not been resolved after Step (d)on its merits and provide the grievant, the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City union, and the UnionDepartment with a written decision within fifteen (15) workdays of the date of the Step 3 Meeting, unless more time is granted by mutual agreement. For grievances involving appeals from disciplinary action, may request mediation the Administrative/Human Resources Manager will attempt to help bring resolution to resolve the grievance. If mediation In the event that the grievance is agreed uponnot resolved, the City Administrative/Human Resources Manager will provide written notice of that fact to the grievant, the union, and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(sDepartment within twenty (20) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members workdays of the Grievance Committee may meet with the representatives date of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of Step 3 meeting, unless more time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedureis granted by mutual agreement.

Appears in 2 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute 13.01 Any complaint, disagreement or difference in opinion between the parties as it relates hereto concerning the interpretation, application, operation or any alleged violation of the terms and provisions of this Agreement shall be considered a grievance. Grievances shall be presented in writing and shall clearly set forth the grievance and the contentions of the aggrieved party, following which the Union representative or representatives and the Employer representative or representatives shall meet and in good faith shall earnestly endeavour to settle the grievance submitted. In addition to the terms grievance form provided, the Union will agree to add a brief letter with a more detailed description of the issue being grieved. All such letters are tendered on a “without prejudice” basis. If a satisfactory settlement cannot be reached or if the party on whom the grievance has been served fails to meet the other party within fourteen (14) days of receiving the written grievance, either party may, by written notice served upon the other, require submission of the grievance to a Board of Arbitration, such Board to be established in the manner provided in Section 14 of this agreementAgreement. 13.02 Grievances involving the dismissal or layoff of an employee must be submitted to the Employer within ten (10) working days from the date of dismissal or layoff or be waived by the aggrieved party, provided notice has been given as required under Section 11.02. 13.03 Any employee alleging wrongful dismissal may place his or her allegation before the Union representative and, if the Union representative considers that the objection of the employee has merit, the dismissal shall become a grievance and be subject to the grievance procedure as established by this Agreement. 13.04 The Employer agrees to reply in writing as to the disposition of all grievances submitted by the Union. 13.05 The parties by mutual agreement may make application to the Labour Relations Board under the applicable provisions of the Labour Relations Code to facilitate the settling of grievances. A Grievance Where a difference arises between the parties relating to the 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 Collective Agreement, a Settlement Officer of the Labour Relations Board or an Arbitrator agreed to by the parties, shall be handled at the request of either party: 1. investigate the difference; 2. define the issue in the following manner:difference; and (a) The grievance must be brought 3. make written recommendations to resolve the attention of the Chief difference within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence date of receipt of the Chief due to vacation or illness shall have request; and for those five (5) days from that date, time does not run in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension respect of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute 8.01 Differences or disputes arising between the parties as it relates to Region and the terms of this agreement. A Grievance employee shall be handled considered as grievances and shall be dealt with in the following manner: (a, and all grievances shall be submitted and answered in writing, and shall state the Article(s) The grievance must be brought to in dispute, the attention nature of the Chief grievance and the remedy sought. It is agreed by the parties that grievances should be settled as early as possible in the grievance procedure. Step 1: An employee having a grievance shall present it to his ▇▇▇▇▇▇▇ in writing. If the Union ▇▇▇▇▇▇▇ considers the grievance to be justified, they shall jointly take the matter up within five (5) working days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in event giving rise to the absence grievance to the appropriate representative of the Chief due to vacation or illness management, who shall have five (5) working days in which to answer render a decision. Failing a satisfactory settlement, the grievance. (c) The aggrieved Party may appeal second Step of the decision in Step (b) to the Mayor's designee for the City. This must grievance procedure shall be done in writing invoked within five (5) working days after of the Chief has given his responsemanagement's answer at Step 1. Step 2: The grievance shall be submitted to the Department Head and the Commissioner of Human Resources (dor their delegates) The Mayor's designee will have seven (7) days in which to answer who shall meet with the grievance. (e) If the grievance has not been resolved after Step (d), the Union may grievor and who shall render a decision within five (5) working days. The grievor may be accompanied and represented at this Step by the Grievance Committee. (i) The grievance shall be submitted to the Chief Administrative Officer or his designate, who will meet with the grievor and the Grievance Committee within ten (10) working days of the date of request binding for such meeting. The decision shall be given within seven (7) working days from the date of such meeting. Where the grievance has a significant impact on the membership as a whole, the union may request that the matter be heard directly by the Chief Administrative Officer. (ii) Prior to the scheduling of an arbitration hearing, the parties shall retain the assistance of an impartial mediator in an effort to resolve any disputes referred to arbitration. A mediation meeting will be held within sixty (60) days of receipt of notification of arbitration as prescribed provided for in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally this clause expect where mutually agreed by the parties. The City In order to facilitate the timely scheduling of mediation meetings required under this clause, the parties will meet periodically to review and the Union, by mutual agreement, may request mediation to help bring resolution select available qualified mediators mutually acceptable to the grievanceparties. If Such agreed mediators will be placed on a list of mediators that may be retained by the parties on an as needed basis. Mediator costs will be shared equally between the parties. The parties agree that information exchanged during the mediation process is agreed upon, privileged and discussions are on a without prejudice basis. This step may be bypassed by agreement of the City and the Union shall attempt to agree upon a mediator. parties. (iii) If the parties cannot agree upon at this Step are unable to reach a mediatorsatisfactory settlement, they then the matter shall request that PERB appoint a mediator. If the issue(s) are not resolved be taken to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. fifteen (f15) The time limits specified working days, as defined in the grievance procedure shall exclude Saturdays and Sundays and observed holidaysOntario Labour Relations Act as amended from time to time. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 120.01 The members of Local No. 465 of the International Association of Fire Fighters shall, from among their members, appoint a Grievance Committee of three (3) employees and shall forthwith notify the Fire Chief and the Executive Director of Human Resources of the City of Oshawa of the names of the members of the Committee and of any changes made from time to time in the membership of the said Committee. 20.02 It shall be the duty of the Grievance Committee, appointed under subsection 20.01 hereof, to represent any employee who claims grounds for a grievance, relative to working conditions, wages, unjust discipline, suspension, supersedure or discharge, etc. Members will be allowed to have Union representation when the member is summoned to interact with the employer for any of the above issues in dispute. The term Grievance Committee shall mean a dispute between have the parties as it relates power to reject any grievance, subject to appeal to the terms of this agreementAssociation by the grievor. A Grievance shall be handled in the following manner: (a) The grievance must be brought presented to the attention of the Chief Grievance Committee within five four (54) days of its alleged occurrencethe event giving rise to the grievance. This may The duly elected Grievance Committee, as recognized in Article 20.01, shall, while on duty, be done either orally or in written form. Written grievances would be preferredentitled to attend without loss of pay for the attendance of any meeting with the Corporation for Step 1 and Step 2 grievances. (b20.03 Step 1 Every grievance shall be reduced to writing stating the Article(s) The Chief or in which the individual in command grievance is founded, a description of the alleged violation/events and the remedy sought, and shall be presented by the Grievance Committee to the Fire Chief, or, in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing Deputy Fire Chief, within five ten (510) calendar days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer happening of the grievance. (e) If the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution event giving rise to the grievance. If mediation Any grievance which is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction presented in mediation the Union shall request binding arbitration writing within fourteen calendar days after the mediation session. (f) The such time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under be accepted or considered by the grievance procedureFire Chief or Deputy Fire Chief. Such days not to include Saturdays, Sundays, or Holidays.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. The 25.1 For the purpose of this agreement, the term Grievance shall mean a "grievance" means any difference or dispute between the parties as it relates State and the Union, or between the State and any employee with respect to the terms interpretation, application, or violation of any of the provisions of this agreement. A Grievance . 25.2 There shall be handled in the following manner:a grievance procedure as follows: Step 1. (a) The A grievance must shall be brought to presented by the attention of aggrieved employee and/or by the Chief Union within five ten (510) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferredthe employee's and/or Union’s knowledge of the occurrence of such grievance. (b) The Chief or An aggrieved employee shall discuss their problem with their Union representative and immediate supervisor, who shall attempt to settle the individual problem within one working day. (a) If the grievance is not resolved in command in Step 1 above, it shall be reduced to writing and submitted to the absence designee of the Chief due to vacation or illness shall have five Director of the Department of Administration by the aggrieved employee and/or by the Union within fourteen (514) days in which of the employee’s and/or Union’s knowledge of the occurrence of such grievance. The written grievance shall set forth the factual and contractual allegations of the grievance, as well as the relief requested. The aggrieved employee and/or the Union representative shall meet, within fourteen (14) days of the submission of the written grievance, with the Director’s designee who shall conduct a hearing on the grievance. Two (2) Union officers and the aggrieved may present the grievance at the hearing. Such designee shall render a written decision to answer the Union and to the employee within fourteen (14) days of the hearing. The decision shall respond to the factual and contractual allegations of the grievance. (ca) The aggrieved Party may appeal In the decision event the grievance is not settled in Step (b) a manner satisfactory to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and aggrieved member and/or the Union, by mutual agreement, then such grievance may request mediation be submitted to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the manner provided herein, within thirty (30) days from the transmittal of the Step 2 decision. Either party to this agreement shall be permitted to call witnesses as part of the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selectedprocedure. The time limits hereinabove are to be strictly construed State, on request, will produce payroll and each party will make every effort to settle the grievance equitably at each stepother records, as necessary. Members of the Grievance Committee may meet with Union committee, stewards, the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time aggrieved employee and employee witnesses who are State employees will be allowed paid at their regular rate up to their normal quitting time for investigation and preparation time spent in processing grievances. The Union representative will have the right to assist the aggrieved at any step of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a Any dispute between the parties as it relates Employer and a Local Union relating to the terms interpretation, application or administration of this agreement. A Grievance Agreement or any violation thereof shall be handled resolved without stoppage of work in the following manner: C10.1 The Job ▇▇▇▇▇▇▇ shall attempt to resolve the dispute on the job with the employee and the supervisor. C10.2 If the dispute is not resolved within forty-eight (a4) The grievance must be brought hours of the occurrence, the aggrieved party shall submit the difference and the remedy sought in writing to the attention Secretary of the Chief Local Union and the authorized Representative of the Employer within sixty (60) days of occurrence, or in the case of alleged unjust discharge, within ten (10) days of occurrence. Failure to submit the dispute in writing within the specified time periods shall result in the matter being deemed to be waived. The foregoing time limitations shall not apply where there has been failure or refusal to remit employer contributions or deductions from employees as provided for 2020/2023 - C7 - TM-D in this Agreement. C10.3 If the dispute is not resolved within five (5) days of its alleged occurrence. This may receipt of written submission, the matter shall be done either orally or in written form. Written grievances would be preferredreferred to a Pipeline Industry Grievance Panel. C10.4 A Pipeline Industry Grievance Panel shall be drawn within ten (b10) days from among the regular and alternate members of the Canadian Pipeline Advisory Council or their designated substitutes. The Chief Chairman of the Advisory Council shall appoint two (2) representatives of the participating Unions and the Chairman of the National Labour Relations Committee shall appoint two (2) representatives of the participating employers to serve on the Panel. C10.5 In no case and at no time shall representatives of the Union or the individual in command Employer involved in the absence of grievance be appointed to the Chief due to vacation or illness shall have five (5) days in which to answer the grievancePanel. (c) C10.6 The aggrieved Party may appeal the Pipeline Industry Grievance Panel shall meet and render a decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after of appointment. A unanimous decision of the Chief has given his responsePanel shall be final and binding. (d) The Mayor's designee will have seven (7) days in which to answer C10.7 Failing settlement under the grievance. (e) If above steps within the grievance has not been resolved after Step (d)prescribed time limits, the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs matter shall be shared equally referred, within forty-eight (48) hours, to an Arbitrator selected by the parties. The City Employer and the Union. If no Arbitrator can be agreed upon within forty-eight (48) hours, by mutual agreement, may request mediation to help bring resolution then application shall be made to the grievanceappropriate governmental authority over labour matters for the appointment of an Arbitrator. If mediation is agreed upon, the City and the Union The Arbitrator shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within render his decision with fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (6014) days, after the neutral has been selectedhowever, this time limit may be extended by mutual consent. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members decision of the Grievance Committee may meet with Arbitrator shall be final and binding. C10.8 The Arbitrator shall have the representatives right to determine whether any matter referred to him is arbitrable. He shall also have the authority to award compensation or any other relief he deems advisable to an aggrieved employee. He shall not alter, amend or change the terms of this Agreement. Each party shall equally share the expense of the City for Arbitrator. C10.9 Pending settlement of any grievance, it is agreed that the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission work shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.prosecuted without slowdown, work stoppage or lockout. 2020/2023 TM-D

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute 8.01 Differences or disputes arising from the interpretation or application of the collective agreement between the parties as it relates to Employer and the terms of this agreement. A Grievance employee shall be handled considered as grievances and shall be dealt with in the following manner, and all grievances shall be submitted and answered in writing, and shall state the Article(s) and clause(s) in dispute, the nature of the grievance and the remedy sought: (a) The Step 1: An employee having a grievance must be brought shall present it to his ▇▇▇▇▇▇▇ in writing, and they shall jointly take the attention of the Chief matter up within five (5) working days of its alleged occurrence. This may be done either orally the event giving rise to the grievance to the Departmental Head or in written form. Written grievances would be preferred. (b) The Chief or designate within the individual in command in the absence of the Chief due to vacation or illness Home, who shall have five four (54) working days in which to answer render a decision. One member of the Union Committee employed at the same Home as the grievor may also assist in presentation of the grievance. Failing a satisfactory settlement, the second Step of the grievance procedure shall be invoked within four (4) working days of the Departmental Head or designate’s answer, as follows: Step 2: The grievor, ▇▇▇▇▇▇▇, and Union Committee member shall take the grievance up with the Administrator of the Home or designate, who shall have four (4) working days to render a decision. If a settlement is not reached, the grievance shall be submitted within four (4) working days of the Administrator's answer to Step 3 of this procedure. (c) Step 3: The aggrieved Party may appeal the decision in Step (b) grievance shall be submitted to the Mayor's designee Director of Long Term Care and Services for Seniors or designate who shall render a decision within four (4) working days. The grievor may be represented at this Step by the CityUnion Committee. This must A representative from the Human Resources Department shall participate in the proceedings at this Step. Failing a satisfactory settlement, the Fourth Step of the grievance procedure shall be done in writing invoked within five four (54) working days of the answer of the Director of Long Term Care and Services for Seniors. The grievance shall be submitted to the Chief Administrative Officer or his designate, which will meet with the Union Committee within fourteen (14) days after of the date of request for such meeting. The decision of the Chief has Administrative Officer or his designate shall be given his response. (d) The Mayor's designee will have within seven (7) working days in which to answer from the grievance. (e) If date of such meeting. Where the grievance has not been resolved after Step (d)union specifically requests, the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall matter will be shared equally heard by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediatorChief Administrative Officer. If the parties cannot agree upon at this Step are unable to reach a mediatorsatisfactory settlement, they then the matter shall request that PERB appoint a mediator. If the issue(s) are not resolved be taken to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. fifteen (f15) The time limits specified working days, as defined in the grievance procedure shall exclude Saturdays and Sundays and observed holidaysOntario Labour Relations Act. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1Step 1 When an employee or the Association believe their rights and privileges under this Agreement have been violated, the employee shall consult with an Association Representative. The term Grievance aggrieved employee and the Association Representative shall, within ten (10) days of the date the grievance event occurred (or the date the employee or the Association knew or should have known about the grievable event) present the facts in writing to the Supervisor. Within five (5) days thereafter, the Supervisor shall mean submit their answer to the Association Representative and the aggrieved employee in writing. In the event of a dispute pay related issue or dispute, the grievance procedure time frames will begin at the time the grievant is informed of the action in writing by the appropriate supervisor, or the paycheck in question is received by the grievant, whichever comes first. Step 2 Should the Association decide the answer of the Supervisor is unsatisfactory, the Association shall within five (5) days submit the facts of the grievance, in writing, to the Sheriff. The parties shall arrange for a meeting between the parties as it relates to Association Representative and the terms of this agreement. A Grievance shall be handled in the following manner: Sheriff within five (a5) The grievance must be brought to the attention days for discussion and/or negotiation of the Chief issue. The Sheriff shall respond in writing with a decision within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferredthe meeting. Step 3 If a matter based solely on wages or wage-related benefits is still not settled satisfactorily at either Step 1 or Step 2, within ten (b10) The Chief or the individual in command in the absence days of the Chief due Sheriff’s written decision, the written grievance shall be submitted to vacation the Board of County Commissioners. The County Commissioners, or illness their designee, shall have five review the grievance within twenty (520) days and shall respond with a decision in which writing to answer the grievanceAssociation within ten (10) days of their review. Step 4 If the matter is still not resolved at the above steps, the grievance shall be submitted, in writing, within twenty (c20) days, by either party, to an arbitrator. The aggrieved Party may appeal arbitrator shall be: (1) as agreed by the decision in Step parties; (b2) to a PERC staff member if the Mayor's designee for the City. This must be done in writing within five parties so agree; or (53) days after the Chief has given his response. (d) The Mayor's designee will have selected from a list of seven (7) days in which to answer Oregon and/or Washington arbitrators provided by the grievance. (e) If the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall Commission (PERC) in response to a written request for same by either of the parties in the event the arbitrator cannot be shared equally by the partiesselected using methods (1) or (2). The City and parties shall alternately strike one (1) name from the Unionlist, by mutual agreement, may request mediation to help bring resolution to the grievanceuntil only one (1) name is left. If mediation order of strike is not agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission first strike shall be handled in accordance with Chapter 400 determined by a flip of the Code of Iowa only and shall not proceed under the grievance procedurea coin.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute between the parties as it relates to the terms of this agreement. A Grievance shall be handled in the following manner: (a) The grievance must An ▇▇▇▇▇▇▇ effort shall be brought made to settle grievances fairly and promptly. Prior to the attention grievance being filed, employees and shop stewards are encouraged to discuss the concern with the supervisor and attempt to resolve the concerns at this level. Step 1 Within ten (10) working days of the Chief employee or the union becoming aware of the event which gave rise to the grievance, a union representative may submit a written statement of the particulars of the grievance including an identification of the article(s) of agreement that are alleged to have been violated and the redress sought to the Director of Human Resources or designate. Within five (5) working days following receipt of the written grievance, the parties will meet to attempt to resolve the matter. Within five (5) working days following the meeting the Director of Human Resources or designate will provide a written response that outlines either the proposed settlement or the employer’s position at this Step. Further meetings with the employee and/or shop ▇▇▇▇▇▇▇ may be held during this 10-day period. Step 2 Within five (5) working days following receipt of the Step 1 response, if the union does not consider the grievance to be satisfactorily resolved, a union representative with or without the aggrieved employee will meet with the Secretary-Treasurer or designate to seek a resolution. The Secretary-Treasurer or designate will provide a written response to the grievance within five (5) working days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferredthis meeting. (b) The Chief Step 3 Failing a satisfactory settlement within the time limits indicated in Step 2, the Union or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party employee may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing submit, within five (5) days after working days, a written grievance to the Chief has given his response. (d) The MayorBoard's designee will have seven (7) days in which to answer Human Resources Committee. A meeting with the grievance. (e) If Union's Grievance Committee and the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs Board's Human Resources Committee shall be shared equally by the parties. The City and the Unionat a mutually agreeable time, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties canbut in any event not agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more later than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.ten

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 17.01 The parties agree that their interests are best served by the speedy resolution of grievances. The term Grievance shall mean a dispute between the parties To this end, should any differences arise as it relates to the terms interpretation, application, administration or alleged violation of the provisions of this agreement. A Grievance Agreement, the following procedure for instituting a grievance may be invoked by an individual employee, by a number of employees jointly claiming the same grievance, by the Union or by the Employer. 7.02 If an employee has a complaint, he/she must first give opportunity to his/her immediate supervisor to discuss and resolve the complaint before a grievance is filed. 7.03 Grievances shall be handled dealt with in the following manner: Step 1: An employee having a grievance or a designated member of a group having a grievance shall, within twenty (a) The grievance must be brought to the attention of the Chief within five (520) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in date on which the absence cause of the Chief due grievance occurred or ought reasonably to vacation or illness shall have five (5) days in which been known to answer the grievor(s), take up the grievance. (c) , which will be in writing, with the immediate supervisor outside the scope of the bargaining unit. The aggrieved Party may appeal the supervisor will render his/her decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after of the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer receipt of the grievance. (e) If the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. 2: The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon designate a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension committee of not more than sixty two (602) daysemployees and the Union representative to take up with the Publisher and/or his/her representative, after any grievance not resolved in Step 1. 7.04 All Step 2 written grievances shall contain only one (1) grievance, identify the neutral has clause(s) allegedly violated, the persons involved, the date on which the alleged grievance occurred and the relief sought. 7.05 No grievance may be processed to arbitration unless the requirements of 7.02, 7.03, and 7.04 have been selectedcompleted. 7.06 Any difference arising directly between the Employer and the Union as to the interpretation, application, administration or alleged violation of this Agreement may be submitted in writing by either party within twenty (20) days following the date on which the grievance occurred or ought reasonably to have been known to the grievor. The time limits hereinabove are to be strictly construed and each party will make every effort to settle parties shall meet as described in Step 2 within ten (10) days following receipt of the grievance equitably at each step. Members of and a decision given in writing to the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall aggrieved party not proceed under the grievance procedure.more than ten

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute between the parties as it relates A. Any employee grievance must be submitted to the terms chapel chairperson within 15 working days of this agreement. its first coming to the attention of the affected party. B. A Grievance shall be handled in the following manner: (a) The grievance must first be brought to the attention of the Chief union chapel chairperson who will attempt to resolve the dispute with the department head within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred48 hours. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) C. If the grievance has cannot been be resolved after Step (d)within the specified time it shall be submitted to the Joint Standing Committee. A grievance lodged by the employer shall be submitted directly to the joint standing committee. D. A standing committee of two representatives of the employer, and a like committee of two representatives of the union, shall be appointed. The committee representing the union shall be selected by the union, and in such case of vacancy, absence or refusal of either of such representatives to act, another shall be appointed in their place. Union representatives shall be granted paid time to attend standing committee meetings when meetings are held during normal working hours. E. The joint committee shall meet within 5 days to deal with all disputes which may arise as to the wages herein provided, the Union may within five (5) days request binding arbitration as prescribed in construction to be placed upon any clause of the Iowa Public Employment Relations Actagreement, or alleged violations thereof, which cannot be settled otherwise. Arbitration costs Such joint committee shall meet at a mutually satisfactory time to the parties when any questions of difference shall have been referred to it for decision by the executive officers of either party to this agreement. If a majority decision is reached by the joint standing committee, it shall be shared binding upon both parties. F. Should the joint committee be unable to agree, then either party may refer the matter to arbitration within 15 days. The parties agree to the use of a sole arbitrator, who will be mutually agreed upon. The arbitrator shall conduct the hearing within 20 days from the date when either party requested arbitration. Within 10 days of completion of the hearings the arbitrator shall render his/her decision. The arbitrator's decision shall be final and binding on both parties. However, in no event shall the arbitrator have the power to alter or amend this agreement in any respect. Wherever a stipulated time is mentioned in this section, the said time may be extended by mutual consent of the parties or the representatives. The cost of the arbitrator shall be borne equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. The A grievance shall be any alleged violation, misinterpretation, or misapplication of a specific term Grievance shall mean a dispute between the parties as it relates to the terms and condition of this agreementwritten agreement or any established term and condition of employment. A Grievance All grievances by any member of the unit shall be handled in the following manner: (a) The grievance must be brought to the attention of the Chief within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done submitted in writing within five no later than (521) days after the Chief has given alleged grievance occurred. Grievances shall be submitted directly to the Chief, or his response. (d) designee. The Mayor's designee Chief, or his designee, will have seven (721) days in within which to answer respond to the grievance from the date submitted. In the event that the grievance is not satisfactorily resolved by the Chief, or his designee, or in the event that (21) days have elapsed without a written response from the Chief, or his designee, the grievance shall be submitted to the Board of the Arlington Fire District. A meeting shall be scheduled within (21) days between representatives of the Association’s Grievance Committee and the Board, to present, discuss, and attempt to resolve the grievance. (e) If . The board shall duly consider the grievance has not been resolved after Step and shall respond to the grievance in writing no later than (d), the Union may within five (530) days request binding after that scheduled meeting. In event that the grievance is not resolved at the second step, either party may demand arbitration. A party wishing to move a grievance to arbitration as prescribed in must serve upon the Iowa Board a demand for arbitration within thirty (30) days from receipt of the Board’s decision at the second step, and notify the Public Employment Relations ActBoard (“PERB”) that it is demanding arbitration. Arbitration costs The arbitration shall be shared administered and conducted under PERB rules. The Arbitrator shall be appointed on a rotating basis from the following list: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, and ▇▇▇ ▇▇▇▇▇ The cost of arbitration shall be borne equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction Under Section 203 of the Civil Service Commission Law of the State of New York, the Arlington Professional Firefighters Association, IAFF Local 2393, is the exclusive representative of all employees, as specified in Article IV, in the administration of grievances. Neither the Board of Fire Commissioners nor the Chief shall entertain grievances not filed by the Arlington Professional Firefighters Association, IAFF Local 2393. Upon the receipt of any grievances filed by individuals, but not by the Union, such grievances shall be handled in accordance with Chapter 400 of rejected and returned to the Code of Iowa only and shall not proceed under the grievance procedureindividual or individuals.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1UNION AND EMPLOYER JOINT TRADE BOARD COMMITTEE 6.01 The provisions of Article 6 herein supersede the grievance procedure provisions outlined in Article 5 of the Master Agreement. 6.02 Any dispute, difference or controversy arising out of this Agreement shall first be discussed between the employee and the Employer's representative within ten (10) calendar days of the occurrence of the grievance. Failing settlement, the Local Business Representative will then communicate the matter to the Association, in writing, in an attempt to resolve the matter. 6.03 Should the grievance not be resolved within a further ten (10) calendar days by the said Business Representative and Employer, then it will be submitted to the Joint Trade Board Committee as outlined in this Article. 6.04 Notwithstanding the grievance procedure outlined herein, a party has the right to submit a grievance to arbitration in accordance with the Ontario Labour Relations Act at any stage following the occurrence of the grievance, with prior notification to the Association. 6.05 The parties hereto agree that a Committee shall be established upon the signing of this Agreement known as the Union and Employer Joint Trade Board Committee. This Committee shall be composed of three representatives appointed by the Employer and three representatives appointed by the Union. One of the members so appointed shall be elected Chairman of the Committee and one person shall be elected Secretary of the Committee provided that when the Chairman is from the Employer nominees the Secretary shall be from the Union nominees and vice versa. The term Grievance Chairman and Secretary shall mean a dispute between rotate annually. A quorum consists of four (4) representatives, two (2) being nominees from the parties as it relates to Employers and two from the terms Union. 6.06 The Committee shall meet quarterly. It shall be the duty of this agreement. A Grievance shall be handled Committee, in keeping with the following mannerintent of harmonious relations: (a) The grievance must be brought to the attention of the Chief within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred.administer and enforce this Agreement; (b) The Chief or to act in an advisory capacity to the individual in command in the absence of the Chief due Painting and Decorating Industry and deal with problems which arise from time to vacation or illness shall have five (5) days in which to answer the grievancetime. (c) The aggrieved Party may appeal When dealing with grievances, a unanimous decision of the decision in Step (b) Committee shall be binding on the parties to the Mayor's designee for grievance. Notices of meetings shall be sent to all interested parties, including the City. This must be done in writing within five Employer Bargaining Agencies at least ten (510) days after before the Chief has given his responsescheduled meeting. Such notices shall be by fax or registered mail. (d) The Mayor's designee will have seven (7) days If, in which to answer the grievance. (e) If the a grievance has not been resolved after Step (d)matter, the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Unionno unanimous decision is reached, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If then any of the parties cannot agree upon a mediator, they shall request that PERB appoint a mediatormay pursue any other available remedy. If the issue(s) are not resolved Please refer to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessionArticle 21 and Article 25 of this Appendix. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

GRIEVANCE PROCEDURE. Section 1. 5.01 The term Grievance shall mean a dispute between parties hereto agree that it is of the parties utmost importance that grievances be adjusted as it relates to the terms of this agreementquickly and equitably as possible. A Grievance shall be handled in grievance is defined as a complaint or dispute concerning the interpretation, application, administration or alleged violation of the Collective Agreement. In the event of a grievance the following mannerprocedure shall apply: (a) The Any employee having a grievance must be brought will make known to her immediate supervisor the fact that she has a grievance within seven (7) calendar days after the incident giving rise to the attention of the Chief within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferredgrievance. (b) The Chief or Within seven (7) calendar days of this notification, the individual in command in the absence of the Chief due to vacation or illness immediate supervisor shall have five (5) days in which to answer a meeting with the employee for the purpose of discussing the grievance. The employee may have her committee person present during this verbal discussion, if the employee so desires. (c) The aggrieved Party may appeal immediate supervisor shall state her decision verbally within seven (7) calendar days from the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his responsedate of this discussion. (d) The Mayor's designee will have seven (7) days If the employee is dissatisfied with the decision of the immediate supervisor, the grievance shall be placed in which to answer writing and shall state the grievancenature of the grievance and the redress sought. (e) If This written grievance, signed by the employee, must be presented to the General Manager or her designated representative by the committee person within seven (7) calendar days from the date of the immediate supervisor’s reply in the first step of the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessionprocedure. (f) Within seven (7) calendar days of receipt of the grievance, the General Manager or her designate representative will arrange a meeting with the Union. If desired, the Employer will be represented by the immediate supervisor and General Manager or their designate(s). The time limits specified in Union will be represented by the grievance procedure shall exclude Saturdays and Sundays and observed holidaysUnion Representative (or designate), one committee person, the grievor. (g) Each party may ask for an extension Within seven (7) calendar days of not more than sixty this meeting the General Manager or her designated representative shall render her decision in writing. (60h) days, The Union shall indicate within twenty eight (28) calendar days after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members receipt of the Grievance Committee may meet with General Manager’s letter, their agreement or intent to proceed to arbitration. (i) The parties will cooperate to schedule meetings for individual employee grievances in consideration of both the representatives of Home’s operational needs and the City for the purpose shared value of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance proceduredisputes promptly.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute 16:01 All differences between the parties Employer and the Union regarding the interpretations, application, operation or alleged violation of this Agreement shall be settled without stoppage of work or lockout by negotiation as it relates to hereafter provided. 16:02 Either the Union or the Employer may institute a grievance under the terms of this agreementAgreement. A Grievance If they fail to settle same within ten (10) calendar days, either of the parties may proceed under sub-article 16:05. 16:03 An aggrieved Employee shall submit his complaint to the ▇▇▇▇▇▇▇ or in his absence to the Business Manager and / or Business Representative of the Union, who shall endeavor to settle the complaint between the Employee and his immediate supervisor. 16:04 If the complaint is not settled within two (2) days, excluding Saturday, Sunday and holidays, it may be handled referred in writing to the following manner:Project Manager and an Official Representative of the Union. (a) The grievance 16:05 If the parties fail to reach an agreement under the above steps either party may, by written notice to the other party stating the nature of the difference, require the establishment of an Arbitration Board. Such written notice must be brought to served within the attention ten (10) days following the completion of the Chief preceding steps. 16:06 Each party shall appoint one (1) member as its representative on the Arbitration Board within five seven (57) days of its alleged occurrencesuch notice. This may be done either orally or in written form. Written grievances would be preferredThe two (2) members so appointed shall endeavor to select an independent Chairman. (b) The Chief or the individual in command in the absence 16:07 If either of the Chief due parties fail to vacation or illness appoint its representative on the Arbitration board within the required seven (7) days, such action shall have five (5) days be deemed as acceptance of the other party’s position in which to answer the grievance. 16:08 If the two (c2) The aggrieved Party may appeal the decision in Step (b) members fail to the Mayor's designee for the City. This must be done in writing select a Chairman within five (5) days after the Chief has given his response. day on which that last of the two (d2) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation members is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediatorappointed, they shall request the Minister of Labour to select a Chairman. 16:09 The Arbitration Board may not change, modify or alter any of the terms of this Agreement. All differences submitted shall present an arbitrable issue under this Agreement, and shall not depend on or involve an issue or contention by either party that PERB appoint is contrary to the provisions of this Agreement or that involves the determination of a mediator. If subject matter not covered by or arising during the issue(sterms of this Agreement. 16:10 The Arbitration Board shall give its decision not later than fourteen (14) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessionappointment of the Chairman except that, with the consent of both parties, such limitation of time may be extended. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) 16:11 Each party may ask for an extension to the differences shall bear the expenses of not more than sixty its respective nominee to the Arbitration Board and the two (602) days, after parties shall bear equally the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members expenses of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedureChairman.

Appears in 2 contracts

Sources: Painters' Agreement, Painters' Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute between Any differences concerning the parties as it relates to interpretation, application, administration or alleged violation of the terms provisions of this agreement. A Grievance Agreement shall be handled dealt with in the following manner: (a) The : Copies of all written submissions by either party as stipulated in grievance procedure must be brought supplied to the attention Employer, the Union President and the Unit ▇▇▇▇▇▇▇ or their designated representative(s) at the time of submission. Step 1: The Employee concerned with, in the Chief presence of his/her Unit ▇▇▇▇▇▇▇, submit a grievance in writing to his/her Manager or Supervisor who shall reply to the grievor in writing within three (3) publishing days after the grievance was submitted. The Assistant ▇▇▇▇▇▇▇ will accompany the ▇▇▇▇▇▇▇ if the ▇▇▇▇▇▇▇ initiates the grievance. The Manager or Supervisor and the Unit ▇▇▇▇▇▇▇ will meet within four (4) publishing days of when the grievance was submitted to make a genuine attempt to resolve the dispute. Step 2: Failing satisfactory settlement at Step 1, it is agreed that the Manager or Supervisor and another person outside the involved department representing the Employer, the Unit ▇▇▇▇▇▇▇ and one member designated by the local Union Executive, will meet within five (5) publishing days to attempt to resolve the dispute. Step 3: Failing settlement at Step 2, Section 32:00 of the contract will be invoked. The time limits agreed to in this Section will begin the day following the submission of the grievance. 32:00 - Immediately after this Agreement becomes effective a Special Standing Committee of four (4) members shall be elected annually, two (2) members of said committee to be named by the Employer, and two (2) members by the Union. Immediately after the members of the Special Standing Committee have been named, the Employer shall send the names and addresses of its alleged occurrencerepresentatives on the Special Standing Committee to the Union, and the Union shall send the names and addresses of its representatives of the Special Standing Committee to the Employer. This In case of a vacancy on said Special Standing Committee from any cause, said vacancy shall be filled immediately by selection of a new member by the party in whose representation on the Special Standing Committee the vacancy occurs. Each party shall notify the other party immediately of any change in its representation on the Special Standing Committee. If at any time either party desires that one of its representatives on the Special Standing Committee shall appear in the capacity of advocate before the committee provided for in this section, said representative shall resign from the committee and a new representative shall be selected in the manner hereinbefore provided. Members of the Special Standing Committee may be done either orally or in written form. Written grievances would be preferredrepresented by proxies. (b) 32:01 To the Special Standing Committee shall be referred all questions which may arise as to this Agreement, the construction to be placed upon any clause of this Agreement, or alleged violations thereof, which cannot be settled otherwise, and all disputes regarding discharges. The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This Special Standing Committee must be done in writing meet within five (5) publishing days from the date on which either party hereto, through its authorized representative, notifies the other party in writing that a meeting is desired, setting forth briefly the specific question to be presented, and shall proceed forthwith to attempt to settle any question raised by either party in the written notification. It is definitely understood and agreed that the Special Standing Committee must meet within the five (5) publishing days prescribed herein upon notification in the manner herein provided. It is understood and agreed that the Special Standing Committee is established by the terms of this Agreement for the settlement of the disputes hereinbefore enumerated, and that the Special Standing Committee is the proper body to take up such disputes and to settle them in the manner herein provided. 32:02 The Special Standing Committee shall have complete jurisdiction over all the aforesaid disputes as provided herein. The Special Standing Committee shall have no jurisdiction over the settlement of any new agreement relating to wages, hours and working conditions. 32:03 The Special Standing Committee shall have complete power to reinstate a discharged employee or to confirm the discharge and either the order of reinstatement or the order confirming a discharge shall be final and binding on the parties hereto. If a discharged employee is reinstated by the Special Standing Committee, restitution for lost wages shall be directed by the Special Standing Committee. 32:04 In discharge cases notice of intention to appeal to the Special Standing Committee must be given directly to the Special Standing Committee by the discharged employee through the Executive Committee of the Union within ten (10) publishing days after Section 16:00 has been completed, or the Chief has given his responseright to appeal shall be lost. 32:05 It shall require the affirmative votes of at least three (d3) The Mayor's designee will have seven of the four (74) days members of the Special Standing Committee to decide the issues, and the decision of the Special Standing Committee in which to answer all cases shall be final and such decision shall be binding on the grievanceparties hereto. (e) 32:06 If the grievance has Special Standing Committee cannot been resolved after Step reach an agreement on any dispute within ten (d)10) publishing days (this time may be extended by unanimous agreement) from the date on which a dispute is first considered by it, at the Union request of either party hereto the members of the Special Standing Committee shall form a two-person committee and shall select a third member who shall be a disinterested party and who shall act as chairperson of the committee. Said third member may be selected in any manner agreed upon by the two-person committee. Should this two-person committee be unable to agree upon a third person within five (5) days request publishing days, the third person shall be selected in accordance with the Provincial Labor Act. 32:07 It shall require the affirmative votes of at least two (2) members of the three (3) members of the three-person committee to decide the issues and any decision thus rendered shall be final and binding arbitration as prescribed in on the Iowa Public Employment Relations Act. Arbitration costs parties hereto. 32:08 All expenses of the third person shall be shared equally by the parties. The City Employer and the Union. 32:09 In connection with any difference or disputes which may arise between the parties to this Agreement during the life of the contract, both parties agree that they will abide by mutual agreementall provisions of this section, and will not request or accept release from their commitment to arbitrate any dispute which may request mediation to help bring resolution to properly be settled by the grievance. If mediation is agreed uponSpecial Standing Committee, the City provided, that local union laws not affecting wages, hours or working conditions and the Laws of the International Typographical Union shall attempt not be subject to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessionarbitration. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute 16.1 Crucial to employee morale and productive work relations between the parties is a fair and just resolution of both parties' grievances. 16.2 A grievance is defined as it relates to a violation or dispute involving the terms interpretation, application, or alleged violation of provisions of this agreement. Agreement. 16.3 A Grievance shall grievance may be handled in presented by an employee, the following manner:CTP Group, or the Employer. (a) The 16.4 Each grievance must be brought to submitted in accordance with the attention following procedure within the time frame set forth. If the grievance is not submitted in conformance with the procedure and in a timely manner, then the grievance shall be considered forever waived and lost. Each grievance must specify the relevant facts, the specific sections of the Chief within five (5) days Agreement alleged to have been violated, and a clear expression of its alleged occurrencethe remedy sought. This All time limits may be done either orally or in extended by mutual written form. Written grievances would be preferredagreement. (b) 16.5 The Chief grievance procedure shall be as follows: Step 1: An employee shall discuss his or her alleged grievance with the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing immediate supervisor within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) working days in which to answer of the occurrence of the alleged grievance. . The employee may request the presence of a CTP Group representative from his or her duty station at the meeting. The immediate supervisor shall respond within seven (e7) working days. If the grievance has not been resolved after Step (d)is a result of action taken by the employee’s immediate supervisor, or when mutually agreeable by both parties, the Union grievance may be presented at Step 2, below. Step 2: If the alleged grievance is not satisfactorily resolved at Step 1, then within five ten (510) working days request binding arbitration as prescribed of the date the response is due in Step 1, the Iowa Public Employment Relations Act. Arbitration costs grievance shall be shared equally by presented, in writing, to the partiesPublic Services Director and County Engineer. The City Public Services Director and the Union, by mutual agreement, County Engineer may request mediation to help bring resolution to a meeting for discussion of the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediatorissues at this step. If the parties canPublic Services Director and County Engineer do not agree upon call for a mediatormeeting, they shall request that PERB appoint then a mediatorwritten response will be issued within ten (10) working days of the date of submission at Step 2. If the issue(sPublic Services Director and County Engineer call for a meeting, the meeting shall be scheduled within ten (10) are working days of the date of submission, and a written response shall be issued within ten (10) working days from the date of meeting. Step 3: If the alleged grievance is not satisfactorily resolved at Step 2, then within ten (10) working days of the response date in Step 2, a written grievance by the CTP Group or the Employer shall be presented to both parties satisfaction in mediation the Union shall request binding arbitration Board of County Commissioners. The Board of County Commissioners shall, within fourteen calendar twenty (20) working days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members receipt of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hoursgrievance, hold a hearing, and after such hearing respond in writing within twenty (20) working days. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.Step 4:

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean 5.01 Where a dispute difference arises between the parties as it relates Employer and the Union or a Local Union relating to the terms interpretation, application or administration of this agreement. A Grievance Agreement or where an allegation is made that discharge of an employee is unjust or that this Agreement has been otherwise violated, the difference of opinion or dispute, including any question as to whether a matter is arbitrable, shall be handled resolved without stoppage of work in the following manner:. 5.02 The Job ▇▇▇▇▇▇▇ and/or Union representative shall attempt to resolve the difference on the job with the ▇▇▇▇▇▇▇ or Superintendent of the Employer. 5.03 If the difference is not resolved within five (a5) The grievance must be brought working days of the occurrence, the aggrieved party shall submit the difference and the remedy sought in writing to the attention Executive Director of the Chief Association and the International Representative of the Union within sixty (60) days of occurrence, or in the case of alleged unjust discharge, within ten (10) days of occurrence. Failure to submit the difference in writing within the specified time periods shall result in the matter being deemed to be waived. The foregoing time limitations shall not apply where there has been a failure or refusal to remit employer contributions or deductions from employees as provided for in this Agreement. 5.04 Upon receipt of the matter complained of in writing, the Executive Director and the International Representative shall take such steps within forty-eight (48) hours as they deem necessary to attempt to adjust such difference of opinion or dispute. If the difference is not resolved within five (5) days of its alleged occurrence. This may be done either orally or in receipt of written form. Written grievances would be preferredsubmission, the Executive Director and the International Representative may, upon mutual agreement of the parties, refer the matter to a Pipeline Industry Grievance Panel. 5.05 Where the parties agree to refer the matter to a Pipeline Industry Grievance Panel, such Panel shall be drawn from among the regular and alternate members of the Canadian Pipeline Advisory Council or their designated substitutes. The Chairman of the Advisory Council shall appoint two (b2) The Chief representatives of the participating Unions and the Chairman of the National Labour Relations Committee shall appoint two (2) representatives of the participating Association Members to serve on the Panel. In no case and at no time shall representatives of the Union or the individual in command Employer involved in the absence of grievance be appointed to the Chief due to vacation or illness shall have five (5) days in which to answer the grievancePanel. (c) 5.06 The aggrieved Party may appeal the Pipeline Industry Grievance Panel shall meet and render a decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after of appointment. A unanimous decision of the Chief has given his responsePanel shall be final and binding. (d) The Mayor's designee will have seven (7) days in 5.07 In the event that the parties do not agree to the Panel procedure or the Panel arrives at a majority decision which either party to answer the grievance. (e) If dispute is unwilling to accept, or the grievance has not been resolved after Step (d)Panel is unable to arrive at a decision within the prescribed time limits, the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs matter shall be shared equally by the parties. The City and the Unionreferred, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.forty-eight

Appears in 2 contracts

Sources: Pipeline Maintenance and Service Agreement, Pipeline Maintenance and Service Agreement

GRIEVANCE PROCEDURE. Section 18:01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within fifteen working days of the occurrence of the incident which gave rise to the matter in dispute. Requests for grievance hearings and replies following such hearings shall be in writing at all steps. Grievances shall specify the clause or clauses in the Agreement which it is believed the City has violated and shall include a statement of facts outlining in what manner the City's interpretation of a clause is disputed. A copy of the grievance will be submitted at each step of the grievance procedure. The term City will arrange a hearing at the first step within fifteen (15) working days of receipt of the grievance. Responses to all steps of the grievance procedure will be copied to the Union Grievance Committee Chair. STEP I The employee assisted by a ▇▇▇▇▇▇▇ or an officer of the Union shall mean discuss the case with the Department Head. The Department Head shall render a decision within five working days of the hearing. STEP II If the Union considers that a satisfactory settlement was not reached in Step I it may within 5 working days of receipt of the Step I reply request a hearing by the Commissioner of Human Resources or representative. The Commissioner of Human Resources or representative shall render a decision within 5 working days of the hearing. STEP III If the Union considers that a satisfactory settlement was not reached in Step II, it may within 5 working days of receipt of the Step II reply, request a hearing by the Chief Administrative Officer, or representative. The Chief Administrative Officer, or representative, shall render a decision within 5 working days of the hearing. 8:02 Where the dispute between the parties as it relates to involves a question of general application or interpretation of the terms of this agreement. A Grievance shall be handled in the following manner: (a) The Agreement, either the Union or the City may file a grievance must be brought to the attention at Step II of the Chief within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferredGrievance Procedure. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) 8:03 The time limits specified set out in the grievance Grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort observed by the parties to settle the grievance equitably at each step. Members of the Grievance Committee this Agreement but may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedureextended by mutual consent.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. The term Guild shall designate a committee of its own choosing to take up with the Employer or its authorized agent any matter arising from the application of this Agreement or affecting the relations of the employee and the Employer. 2. Grievance procedure shall mean be initiated at the chief of bureau or department head level, where every reasonable effort shall be made to resolve the differences, except that grievances concerning a dispute between the parties as it relates dismissal or alleged violation of Article 8, Section 2 of this Agreement may be taken directly to the terms national level. The grievance must be submitted in writing to the Employer within 90 calendar days of the occurrence of the event complained of, or in the case of a suspension, within 90 calendar days after written notice of the suspension is delivered to the Guild office in New York. A copy of the letter of suspension shall be sent to the Guild office within 14 days. Provisions of this agreementArticle and Article 5 (Arbitration) shall not apply on any grievance submitted more than 90 calendar days after the occurrence of the event complained of. A Grievance The Guild agrees to inform the Employer in advance of the nature of the grievance. This information, to be supplied in writing, shall include pertinent details of the grievance, such as the names of the employees involved, the dates and, in cases of claimed contract violations, the article or articles on which the grievance is based. Once the grievance notification has been given, the grievance shall be handled settled only through grievance procedure set forth in the following manner:this Article or Article 5 (Arbitration); however, only disputes in which it is claimed that an article or articles of this Agreement have been violated may be submitted to arbitration. (a) The grievance must In cases of grievances involving claims of continuing violations, the remedy period shall be brought limited to 90 days prior to the attention filing of the Chief within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) 3. The aggrieved Party may appeal Employer agrees to meet with the decision committee within five calendar days after request for such meeting is received in Step (b) to writing as provided in Section 2 above. A maximum of two members of the Mayor's designee grievance committee shall be given time off for such meetings, or more if by mutual agreement. If the City. This must Employer denies the grievance at the local level, the Guild shall be done notified in writing within five (5) calendar days after of the Chief has given his responselast local meeting. (d) 4. The Mayor's designee will have seven (7) Employer agrees to meet with Guild representatives at the national level on any grievance not settled after reasonable effort at the local level, provided, however, that such request for a meeting at the national level must be made within 45 calendar days in which to answer of the grievance. (e) If written denial at the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Actlocal level. Arbitration costs Every reasonable effort shall be shared equally by made to resolve the partiesdifferences. The City No grievance may proceed to arbitration under this Article or Article 5 (Arbitration) without a national grievance meeting and, further, provisions of this article and Article 5 shall not apply on any grievance submitted at the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen national level more than 45 calendar days after the mediation session. (f) written denial at the local level. The Employer agrees to meet with Guild representatives at the national level within five calendar days after written notice to the Employer stating the nature of the grievance, unless this time limits specified in is extended by mutual consent. A maximum of three members of the grievance procedure committee shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask be given time off for an extension of not more than sixty (60) dayssuch meetings. If the Employer denies the grievance at the national level, the Guild shall be notified in writing within five calendar days after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedurelast national level meeting on thedispute.

Appears in 2 contracts

Sources: Editorial Unit Agreement, Technology Unit Agreement

GRIEVANCE PROCEDURE. Section SECTION 1. The term Grievance A grievance shall mean be defined as an alleged violation of any of the express terms of this agreement or any question involving the interpretation or application of a dispute between the parties as it relates to the terms provision of this agreement. A Grievance Grievances shall be handled processed in the following manner: Step 1. Any employee who has a grievance shall reduce the grievance to writing and take up said grievance with the Chief of Police within ten (10) days of the date the cause of action which resulted in the grievance first arose or became known to the employee. The employee is entitled to have a representative of the Union present during such discussion with the Chief and a sincere effort to resolve the grievance will be made at this meeting. The written grievance shall set forth the following information: (a) The a reasonable, concise statement of the grievance must be brought stating that part of the agreement which has been violated. (b) a statement of the remedy or relief sought. (c) evidence, documentary if possible, to support this grievance. (d) a statement as to when the cause of action which has resulted in the grievance arose or became known to the attention employee. The written decision of the Chief will be rendered within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferredreceipt of the grievance or, if the parties mutually agree to hold discussions at a later date, the end of discussions. (b) The Chief or Step 2. If the individual in command in the absence decision of the Chief due of Police is not satisfactory to vacation or illness shall have five the Union, it may be appealed to the Board of Selectmen within fifteen (515) days in of the date of the Chief’s decision or date on which said decision is due, whichever first occurs. At the request of the employee or the Union, the Selectmen shall hold a hearing to answer discuss the grievance. (c) . The aggrieved Party may appeal decision of the decision in Step (b) to the Mayor's designee for the City. This must Board of Selectmen shall be done issued in writing within twenty-five (525) days after of receipt of the Chief has given his responsegrievance, with a copy mailed or delivered in hand to the Local Union President. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) Step 3. If the grievance has decision of the Board of Selectmen is not been resolved after Step (d)satisfactory, the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreementand only the Union, may request mediation submit the grievance to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.thirty

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. 15.01 The term Grievance shall mean a dispute between Employer and the parties as it relates to Union both agree that the settlement of any complaint or grievance arising out of the terms of this agreementagreement should, so far as possible, be arranged between the Team Member and the Immediate Supervisor. 15.02 A difference between the Employer and the Union as to the meaning and application of the provisions of this Agreement shall be considered a policy grievance. Any policy grievance will be processed by the Executive of the Union and shall be submitted to the Employer under Step 2 of the Grievance Procedure. 15.03 Unless a grievance of a Team Member or a policy grievance is presented to the Employer within ten (10) working days of the griever, from the date when the grievance first arose, or in the case of dismissal within ten (10) working days of the griever’s notification to the Union, the grievance is waived and the Team Member or the Union shall not be permitted to present the same to the Employer thereafter. 15.04 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 procedure of settlement shall be as follows: Step 1 If the complaint or grievance is not satisfactorily resolved in discussion between the Team Member and the immediate Supervisor, it shall be set out in writing citing the alleged violation of the Collective Agreement including the Article(s) affected. It shall be submitted in this form to the Immediate Supervisor within the time limits specified in Article 15.03. A Grievance shall decision will be handled in the following manner: (a) The grievance must be brought forwarded to the attention of the Chief Union within five ten (510) working days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer receiving the grievance. Step 2 If the grievance is not resolved in Step 1, within ten (c10) days the Union shall submit the grievance to the Area Manager or Zone Manager in writing clearly stating the alleged violation of the Collective Agreement including the Article(s) which were allegedly violated. This submission must be made within ten (10) working days of receiving the Step 1 response. The aggrieved Party may appeal Area Manager or Zone Manager, responsible for the division will make the decision in Step (b) known to the Mayor's designee for Union and Shop ▇▇▇▇▇▇▇ who filed the City. This must be done in writing grievance within five ten (510) working days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer of receiving the grievance. (e) Step 3 If the grievance has is not been satisfactorily resolved after in Step 2, within ten (d)10) days the Union shall submit to the General Manager or Senior Zone Manager, a request to hold a meeting between the Union Business Representative, the Union may Shop ▇▇▇▇▇▇▇, the griever and the General Manager or Senior Zone Manager, responsible for the division to hear the grievance. A full hearing of the grievance will be held within five ten (510) days of receiving written request binding arbitration as prescribed in to do so. A decision will be forwarded to the Iowa Public Employment Relations ActUnion within ten (10) working days of the hearing. Arbitration costs shall be shared equally by If the parties. The City and decision is unsatisfactory to the Union, by mutual agreementthe grievance may be submitted to Arbitration, may request mediation notice will be given in writing within 10 days of receiving the written reply from the Employer. The parties agree to help bring resolution to meet at each step of the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessiongrievance process. (f) 15.05 The time limits expressed in the foregoing shall exclude Saturdays, Sundays, designated Holidays and normal time off. It is understood and agreed that the time limits specified in Steps 1, 2 or 3 may be altered by mutual agreement between the grievance procedure shall exclude Saturdays Employer and Sundays and observed holidaysthe Union. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 18:01 Any complaint arising between the employees and the Company from the interpretation, application, administration or alleged violation of this Collective Agreement shall be considered as a grievance and shall be dealt with as speedily and effectively as possible, in accordance with the following procedure. Any employee requesting to see their Union Representative/▇▇▇▇▇▇▇ on their shift will be allowed to do so privately within a reasonable amount of time. Reasonable amount of time will be defined as thirty (30) minutes or less. 8:02 Any employee having a grievance shall first take up the matter with his/her supervisor directly or through his/her ▇▇▇▇▇▇▇ or committeeperson. If no satisfaction is received within twenty-four (24) hours, the grievance shall then be submitted in writing to the Human Resources Department. The term Grievance shall mean Human Resources Department will have two (2) weeks to investigate and hold a dispute between meeting with the parties as it relates Union to the terms of this agreement. A Grievance shall be handled in the following manner: (a) The grievance must be brought to the attention of the Chief within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to discuss and answer the grievance. (c) . The aggrieved Party may appeal Company shall have the decision in Step (b) option of refusing to the Mayor's designee for the City. This must be done deal with a grievance which has not been submitted in writing within five (5) working days excluding weekends and holidays after the Chief has given his responsecause of the grievance became known or should have become known to the employee or being submitted to the Union in writing. If no resolve is reached within the two (2) week period, the Union will then proceed to meet with the local and/or national representative to discuss such grievance and decide whether or not to proceed to arbitration. The Union will have two (2) weeks from the Company’s decision to inform the Company of its intent to proceed to arbitration or not. 8:03 The agenda for the conference provided above shall be supplied by the Chairperson of the Committee to Management at least twenty-four (d24) The Mayor's designee will have seven (7) days in hours before the conference at which to answer the grievanceappeals thereon are listed for discussion. (e) 8:04 The Company and the Union shall fully disclose all facts which they rely upon. 8:05 The time limits set forth in the grievance and arbitration provisions herein may be extended upon the mutual agreement of the Union and the Company. 8:06 However, if the Company or Union fail to meet the time limits set forth, the grievance shall be deemed ruled in favour of the other party. Such deemed ruling shall be non-precedent setting. 8:07 For the purpose of issuing a grievance, the parties agree the time limits shall exclude Saturdays, Sundays, holidays as defined herein and scheduled plant shutdowns. 8:08 If the grievance has not been resolved after Step (d)is in relation to a termination, the Union may it will be screened within five (5) days request binding following the conference and may be expedited to arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation if acceptable to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessionLocal 195. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute between the parties as it relates to the terms of this agreement. A Grievance shall be handled in the following manner: (a) The grievance must be brought Parties to the attention this Agreement are agreed that it is of the Chief within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written utmost importance to adjust complaints and grievances would be preferredas quickly as possible. (b) The Chief or the individual in command in the absence A grievance shall be defined as any difference arising out of the Chief due interpretation, application, administration, or alleged violation of the Collective Agreement. 9.02 No grievance shall be considered where the circumstances giving rise to vacation it occurred, or illness shall have five where the employee became aware of the occurrence or infraction more than thirty (530) calendar days in which to answer before the filing of the grievance. 9.03 It is understood that prior to a grievance being submitted, the affected Employee and/or the Union shall discuss the complaint with the Grievor’s supervisor, who shall have an opportunity to adjust the complaint. Failing resolve with the griever’s direct supervisor the grievance shall be submitted as follows: Step 1 Following submission of the grievance to the Chief/designate by the union, the Chief/designate, shall arrange a meeting with the Grievor and a Representative of the Union within four (c4) The aggrieved Party may appeal the decision in Step working days (bexcluding paid holidays and weekends) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to discuss the grievance. If mediation a grievance summary is prepared and provided to the individual hearing the grievance, a copy shall be provided to the other party. The summary is to be factual in nature and provide a background to the grievance submitted. If a settlement satisfactory to the employee and/or the Union Grievance Committee is not reached within four (4) working days (excluding paid holidays and weekends) from the parties discussing the grievance (or any longer period, which may be mutually agreed upon), the City grievance may be presented as follows: Step 2 If a settlement satisfactory to the employee and/or the Union Grievance Committee is not reached within four (4) working days (excluding paid holidays and weekends) after Step Number 1 hereof (or longer period which may be mutually agreed upon), a meeting shall be arranged with the Chief Administrative Officer within ten (10) working days (excluding paid holidays and weekends) and a decision shall be rendered by the Chief Administrative Officer. At this stage the aggrieved Employee will be accompanied by at least one (1) representative of the Union. If a grievance summary is prepared and provided to the individual hearing the grievance, a copy shall be provided to the other party. The summary is to be factual in nature and provide a background to the grievance submitted. Step 3 If final settlement of the grievance is not completed within ten (10) working days (excluding paid holidays and weekends) after deliberations have concluded between the Union Grievance Committee and the Union shall attempt Chief Administrative Officer, and if the grievance is one which concerns the interpretation or alleged violation of the Agreement, the grievance may be referred by either party to agree upon a mediatorArbitration as provided herein, at any time within thirty (30) working days (excluding paid holidays and weekends) thereafter but not later. If the parties canGrievor or Union does not agree upon advise the Chief Administrative Officer of their intent to proceed to arbitration within the thirty (30) days, it will be understood that they concur with the decision of the Chief Administrative Officer and will not proceed to arbitration. 9.04 Replies to grievances shall be in writing at all times. 9.05 Grievances settled satisfactorily within the time allowed shall date from the time that the grievance was filed. 9.06 The Employer shall supply the necessary facilities or, where mutually agreed, a mediatorvirtual platform for the grievance meetings. 9.07 Where a dispute involving a question of general application or interpretation occurs, they shall request that PERB appoint or where a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation group of employees or the Union has a grievance, such a question or grievance may be directly submitted to the Chief Administrative Officer for consideration and any steps of the Grievance Procedure may be by-passed. The Chief Administrative Officer shall request binding arbitration arrange the meeting and render a decision within fourteen calendar ten (10) working days after of the mediation sessionconclusion of the grievance meeting (excluding paid holidays and weekends). (f) 9.08 The time limits specified set forth in the grievance procedure shall exclude Saturdays may be extended at any time upon the mutual agreement of the Employer and Sundays and observed holidaysthe Union. (ga) Each party may ask for an extension of not more than sixty (60) daysShould the parties jointly determine that, after having completed Step 2 per Article 9.03, the neutral has been selectedissue under grievance could potentially be resolved through a non-binding mediation process, such process shall take place prior to the issue being heard at arbitration. The time limits hereinabove are to be strictly construed and each subsequent mediation process will not prevent either party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City from filing for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.arbitration per Article

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. 7.01 The term Grievance shall mean Employer, the Union or any employee may present a dispute between complaint under this Agreement at any time, dealing with any matter arising out of the parties as it relates to the terms application, interpretation or alleged violation of this agreementAgreement. A Grievance shall be handled in the following manner: (a) The grievance This complaint must be brought to the attention of the Chief responding party within five thirty (530) business days of the event giving rise to the complaint or the knowledge thereof. The parties agree that it is in their mutual interest to settle complaints and grievances at the earliest possible stage. The parties further agree to give serious attention to disputes and to explore innovative solutions to resolve disputes prior to grievances being filed. 7.02 Where a complaint or dispute has been raised by the Union or the Employer, either of the parties may request to have the matter discussed in joint committee. While the joint committee is seized of such a matter, the time limit set out in Article 7.01 above is deemed to be suspended. At any point during the joint committee process, either of the parties may file a grievance in writing. A written grievance shall provide sufficient particulars to allow the responding party to fully understand the allegations being made. 7.03 The CMGEU shall designate a grievance committee of its own choosing. 7.04 CMG agrees to meet with the committee within ten (10) working days after request for such meeting. Efforts to resolve grievances shall be made on CMG time. 7.05 If any matter is not satisfactorily settled, the parties shall jointly select an arbitrator within fifteen (15) days of its alleged occurrenceand put the issue to final and binding arbitration. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d)parties are unable to agree on an arbitrator, the Union may within five (5) days parties shall request binding the Minister of Labour appoint an arbitrator. The costs of such arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared borne equally by the parties. , except that no party shall be obligated to pay any part of the cost of a stenographic transcript without express consent. 7.06 The City CMGEU and CMG recognize that their relationship is a collective bargaining relationship exclusively and the Union, CMGEU and CMG agree that all disputes between the parties during the term of this contract shall be resolved exclusively by the procedures set forth in this Article. 7.07 Time limits provided in this Article may be extended by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 14.01 Within thirty (30) days of the signing date of this Agreement, the Employer and the Union shall each appoint two (2) members to form a Joint Standing Committee. The term Grievance names of such members shall mean be forwarded to the other party as soon as they are appointed. In case of vacancy on this committee from any cause the party not fully represented shall immediately appoint a dispute between new member to fill such vacancy. 4.02 As the first step in the grievance procedure set out herewith, if any difference of opinion as to the rights of the parties under this Agreement or any dispute as it relates to the terms construction or interpretation of this agreement. A Grievance any section or portion of the Agreement takes place, representations shall first be handled made in the following manner: (a) The grievance must be brought writing to the attention of the Chief ▇▇▇▇▇▇▇ or Chapel Chairman within five (5) days from the time the dispute comes to the attention of its alleged occurrencethe party affected. This Should the ▇▇▇▇▇▇▇ and the Chapel Chairman be unable to adjust the difference within forty-eight (48) hours either party may forthwith refer the matter to the Joint Standing Committee. Except in case of discharge, the conditions prevailing prior to any action or circumstance, which results in a dispute, shall be done either orally or in written form. Written grievances would be preferredimmediately reinstated and maintained until a decision is reached and work shall continue uninterrupted. (b) 4.03 The Chief or the individual in command in the absence members of the Chief due to vacation or illness Committee shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done notified in writing by the Executive Officers of either party to this Agreement of a dispute and the Committee shall meet within five (5) business days after the Chief has given his responseof such notice. 4.04 If the Joint Standing Committee reaches a decision on an issue it shall be binding on both parties for the duration of this Collective Agreement. 4.05 If the Joint Standing Committee cannot reach a majority decision on any dispute within ten (d) The Mayor's designee will have seven (710) days in from the date on which the dispute is first considered by it, either party may refer the matter to answer the grievance. (e) If the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the partiesarbitration. The City and the Union, by mutual agreement, may request mediation representatives of each party to help bring resolution this Agreement to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediatorselect an Arbitrator. If the parties cannot are unable to agree upon a mediator, they an Arbiter then the selection shall request that PERB appoint a mediator. If be made by the issue(s) are not resolved to both parties satisfaction in mediation Minister of Labour for the Union shall request binding arbitration within fourteen calendar days after the mediation sessionProvince of British Columbia. 4.06 The Arbiter shall conduct the hearing within twenty (f20) The time limits specified in days from the grievance procedure shall exclude Saturdays and Sundays and observed holidaysdate on which either party requested arbitration. 4.07 Within thirty (g30) Each party days of completion of hearings the Arbiter shall render this decision. 4.08 The Arbiter's decision shall be final and binding on both parties. However, in no event shall the Arbiter have the power to alter or amend this Agreement in any respect. 4.09 In discharge cases the employee shall not be reinstated until and unless the Joint Standing Committee or the Arbiter orders the reinstatement. 4.10 Whenever a stipulated time is mentioned in this Article said time may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members extended by mutual consent of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion parties or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance proceduretheir representatives.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute between the parties as it relates to the terms of this agreement. 7.01 A Grievance shall be handled in the following manner: (a) The grievance must be brought to the attention of the Chief within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief pilot or the individual in command in the absence of the Chief due to vacation Corporation who has a grievance or illness dispute shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done present it in writing within five as soon as practical but no later than ten (510) days after the Chief has given his responsedate of the alleged dispute to the Eastern Supervisor. Step 1 The Eastern Supervisor shall render a decision within seven (d7) The Mayor's designee days and shall forward a copy of the decision to the Corporation and to the Canadian Merchant Service Guild. Step 2 If a complaint or grievance is not adjusted to the satisfaction of the Corporation under Step 1 a meeting with the Chief Executive Officer (CEO) will be scheduled within 10 days of the response in Step 1 after which time the CEO will have seven (7) days in which to answer the grievancerender a decision. (e) Step 3 If the decision of the CEO is not acceptable and the Authority and the Guild are unable to agree to the adjustment of any complaint or grievance, or in regard to any matter as to which agreement is called for herein, either party may, in writing, within ten (10) days of the response in Step 2 require that the matter be referred to an Arbitrator. 7.02 Notwithstanding any other provisions of this agreement, if the Authority or any of its representatives fail or refuse to comply with any step or condition of the grievance has not been resolved after Step (d)procedure set out in article 7.01, the Union Guild, acting on behalf of a pilot, may within five (5) days request binding submit the grievance at once to arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs manner set out in article 7.04. 7.03 If agreement cannot be reached as to the selection of an arbitrator, either party may then request the assistance of the Federal Minister of Labour. 7.04 The arbitrator shall hear and determine the difference and shall issue a decision and the decision shall be shared equally final and binding upon the parties and upon any employee affected by the parties. The City it. 7.05 Each party shall pay its own expenses and the Union, by mutual agreement, may request mediation to help bring resolution to parties shall share equally the grievance. If mediation is agreed upon, expenses and fees of the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessionarbitrator. (f) 7.06 The arbitrator shall have no power to alter, add to, subtract from, amend, modify or substitute any part of this agreement. 7.07 The time limits specified provided for by this article may be extended by mutual agreement between the parties, but no matter shall be nullified through a technical question raised in the grievance procedure shall exclude Saturdays and Sundays and observed holidaysrespect to a lapse of time occurring due to a reasonable oversight or resulting from a misunderstanding or reasonable delay. (g) Each party may ask 7.08 Upon application with reasonable notice to the Eastern Supervisor a pilot shall be granted necessary leave of absence with pay for an extension the investigation and presentation of complaints or grievances. Leave under this article will only be granted where it is demonstrated that the investigation or presentation cannot more than sixty (60) days, after be conducted within a reasonable time without the neutral has been selected. The time limits hereinabove are granting of this leave. 7.09 Nothing in this agreement shall be interpreted as depriving a pilot of his right to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet informally discuss with the representatives of the City for the purpose Authority any problem that concerns such pilot personally, but any settlement or disposition of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and such problem shall not proceed under be deemed as creating a precedent as regards the interpretation of this agreement. 7.10 A griever may abandon a grievance at any stage of the grievance procedure. 7.11 The suspension or cancellation of a pilot's licence shall be dealt with in accordance with the provisions of the Pilotage Act and the regulations thereunder.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute between the parties as it relates to the terms of this agreement. 7.01 A Grievance shall be handled in the following manner: (a) The grievance must be brought to the attention of the Chief within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief pilot or the individual in command in the absence of the Chief due to vacation Corporation who has a grievance or illness dispute shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done present it in writing within five as soon as practical but no later than ten (510) days after the Chief has given his responsedate of the alleged dispute to the Director of Operations. Step 1 The Director of Operations shall render a decision within seven (d7) The Mayor's designee days and shall forward a copy of the decision to the Corporation and to the Canadian Merchant Service Guild. Step 2 If a complaint or grievance is not adjusted to the satisfaction of the Corporation under Step 1 a meeting with the Chief Executive Officer (CEO) will be scheduled within 10 days of the response in Step 1 after which time the CEO will have seven (7) days in which to answer the grievancerender a decision. (e) Step 3 If the decision of the CEO is not acceptable and the Authority and the Guild are unable to agree to the adjustment of any complaint or grievance, or in regard to any matter as to which agreement is called for herein, either party may, in writing, within ten (10) days of the response in Step 2 require that the matter be referred to an Arbitrator. 7.02 Notwithstanding any other provisions of this agreement, if the Authority or any of its representatives fail or refuse to comply with any step or condition of the grievance has not been resolved after Step (d)procedure set out in article 7.01, the Union Guild, acting on behalf of a pilot, may within five (5) days request binding submit the grievance at once to arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs manner set out in article 7.04. 7.03 If agreement cannot be reached as to the selection of an arbitrator, either party may then request the assistance of the Federal Minister of Labour. 7.04 The arbitrator shall hear and determine the difference and shall issue a decision and the decision shall be shared equally final and binding upon the parties and upon any employee affected by the parties. The City it. 7.05 Each party shall pay its own expenses and the Union, by mutual agreement, may request mediation to help bring resolution to parties shall share equally the grievance. If mediation is agreed upon, expenses and fees of the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessionarbitrator. (f) 7.06 The arbitrator shall have no power to alter, add to, subtract from, amend, modify or substitute any part of this agreement. 7.07 The time limits specified provided for by this article may be extended by mutual agreement between the parties, but no matter shall be nullified through a technical question raised in the grievance procedure shall exclude Saturdays and Sundays and observed holidaysrespect to a lapse of time occurring due to a reasonable oversight or resulting from a misunderstanding or reasonable delay. (g) Each party may ask 7.08 Upon application with reasonable notice to the Director of Operations a pilot shall be granted necessary leave of absence with pay for an extension the investigation and presentation of complaints or grievances. Leave under this article will only be granted where it is demonstrated that the investigation or presentation cannot more than sixty (60) days, after be conducted within a reasonable time without the neutral has been selected. The time limits hereinabove are granting of this leave. 7.09 Nothing in this agreement shall be interpreted as depriving a pilot of his right to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet informally discuss with the representatives of the City for the purpose Authority any problem that concerns such pilot personally, but any settlement or disposition of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and such problem shall not proceed under be deemed as creating a precedent as regards the interpretation of this agreement. 7.10 A griever may abandon a grievance at any stage of the grievance procedure. 7.11 The suspension or cancellation of a pilot's licence shall be dealt with in accordance with the provisions of the Pilotage Act and the regulations thereunder.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 17.01 The purpose of this Article is to establish a procedure for the orderly settlement of grievances. The term Grievance A grievance shall mean be considered to exist when it is alleged that there is a dispute between violation of this agreement arising from the parties as it relates interpretation, application or failure to comply with the terms thereof. It shall be optional with the Company or the Union to consider any grievance, the alleged circumstances of this agreementwhich occurred more than thirty (30) days prior to its written presentation. A Grievance When a grievance arises, an ▇▇▇▇▇▇▇ effort shall be made to settle it by the Company, the employee concerned, and the Union, and it shall be handled in the following manner:Steps as hereinafter provided. 7.02 Step No. 1 - Any regular employee who has a grievance shall present the grievance verbally to management and will be accompanied by a ▇▇▇▇▇▇▇. Management shall state their decision verbally within three (a3) The grievance working days of such meeting. If this verbal decision does not satisfactorily adjust the grievance, it may be appealed to Step 2 following. Step No. 2 - Notice of appeal must be brought to the attention of the Chief made within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) working days of the verbal decision, in which to answer the grievance. (e) If the grievance has not been resolved after Step (d)writing, the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally triplicate, on forms supplied by the parties. The City and the Union, and signed by mutual agreementthe aggrieved employee and two members of the Grievance Committee. It shall be appropriately dated showing the date of the grievance, may request mediation to help bring resolution particulars of the incident giving rise to the grievance. If mediation is agreed upon, the City Article and Section of the Union shall attempt Collective Agreement alleged to agree upon a mediatorhave been Step No. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction 3 - Notice of appeal must be given in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in writing by dating and signing the grievance procedure shall exclude Saturdays and Sundays and observed holidays. forms within ten (g10) Each party may ask for an extension working days from the written decision of not more than sixty (60) dayslocal management or their designate, after through the neutral has been selectedManager, Labour Relations, setting forth the areas or points of disagreement within the Step 2 written decision. The time limits hereinabove are Manager, Labour Relations, will arrange a Management Committee to be strictly construed and each party will make every effort meet with up to settle the grievance equitably at each step. Members two (2) members of the Grievance Committee and the Local President, or Bargaining Unit Chairperson, or his/her designated alternate, within seven (7) working days or a time mutually agreed upon. The two committees jointly will discuss the grievance and may meet with request the representatives attendance of any person or persons interested or involved. The Management Committee will render its decision in writing within seven (7) working days from the City date of such meeting to the Local or Bargaining Unit. If the Committee’s decision does not bring about a satisfactory settlement, the grievance may be referred by either party to arbitration as provided for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation in Article 8. 7.03 Should a regular employee claim that he has been unjustly discharged and preparation of grievances consistent with the public safety. Grievances relating wishes to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed seek redress under the grievance procedure, he must present such grievance, in writing, 7.04 Failure by the Company to reply to grievances within the time limits provided in this agreement, or any agreed upon extension, will result in the grievance being processed to the next Step within the grievance procedure. 7.05 An employee and/or ▇▇▇▇▇▇▇ shall obtain the permission of his Supervisor before interrupting or leaving his work to deal with a grievance. Permission will not be arbitrarily or unreasonably withheld. 7.06 In this Article 7 only, when computing working days, Saturdays, Sundays and recognized holidays shall not be included.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. Section 7.1 Union may file a grievance concerning the interpretation of any provision, including the prevailing rights, of this Agreement and/or disciplinary action taken against an Employee when a question of just cause exists. All grievances shall be processed through the Union. All references to submitting the grievances in writing shall include through the City’s e- mail system. Removal, demotion, and discharge shall be subject to the grievance procedure or subject to the jurisdiction of the City Council as provided in Article 11 of the Charter of the City of Tulsa as the member shall elect, except for new hires as provided in Article 1, Section 1.2. The member's election of remedies shall be binding and irrevocable. Grievances under this Agreement shall be processed in accordance with the following: Step 1. The term Grievance grievance shall mean a dispute between the parties as it relates be submitted in writing to the terms Fire Chief or his designee. By virtue of this agreement. A Grievance shall the supervisory capacity in which they serve, Employees holding the rank of District Chief and above may be handled in the following manner: (a) The grievance must be brought required to investigate and provide necessary input and recommendations to the attention Fire Chief in his/her deliberation of first step grievances. The Fire Chief shall submit his/her answer to the Chief Employee in writing, with a copy to be forwarded to the Union within five ten (510) calendar days after receipt of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party Step 2. If the grievance remains unresolved, it may appeal the decision in Step (b) be submitted to the Mayor's designee for Human Resources Director of the City. This must be done City in writing within five ten (510) calendar days of receipt of the written answer from the Fire Chief. Within ten (10) calendar days after receipt of the grievance, the Human Resources Director or his/her designee and appropriate supervisory representatives of the Fire Department shall meet with three (3) members of Union Grievance Committee in an attempt to resolve the grievance. The Human Resources Director or his/her designee shall submit ▇▇▇▇▇▇▇▇'s answer in writing to the Grievance Committee within ten (10) calendar days after such meeting. Section 7.2 If the grievance is unresolved after receipt of Employer's answer in Step 2, Union may request in writing within ten (10) calendar days that the grievance be submitted to impartial arbitration. Prior to arbitration, the parties may mutually agree to utilize mediation to attempt to resolve the grievance. Section 7.3 No matter shall be entertained as a grievance hereunder unless it is raised as such within twenty (20) calendar days after the Chief has given his responseoccurrence of the event or after the Employee becomes aware of or reasonably should have been aware of the event giving rise to the grievance. Section 7.4 All time limits set forth in this Article may be extended by mutual consent, but if not so extended, they must be strictly observed. If a party fails to pursue any grievance within the time limits provided, he/she shall have no further right to continue the grievance. Likewise, failure to respond to a grievance by the appropriate Employer agent within the prescribed time limits shall allow Union or grieving member to automatically move the grievance to the next step. Section 7.5 Within ten (d10) The Mayor's designee will have calendar days from receipt of the request for arbitration, the parties shall jointly request a panel of seven (7) days in which arbitrators from the Federal Mediation and Conciliation Service, unless the parties can mutually agree upon an arbitrator to answer hear the grievancedispute. The parties agree to alternate, on a per case basis, the cost of requesting a panel. Section 7.6 Within ten (e10) If the grievance has not been resolved after Step calendar days from receipt of such panel, a representative of Union and Employer shall meet and alternately strike names until one (d), the Union may within five (51) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs arbitrator remains who shall be shared equally by selected as the partiesimpartial arbitrator. The City Employer shall strike the list first in even years, Union shall strike the list first in odd years. Section 7.7 Within ten (10) calendar days the Federal Mediation and Conciliation Service and the Union, by mutual agreement, may request mediation to help bring resolution arbitrator selected shall be notified. Prior to the grievance. If mediation is agreed upondocketing of the arbitration hearing, the City and the Union shall agree to meet, at the request of either party, in an attempt to reach a settlement of the grievance. The date for the arbitration hearing shall be determined within twenty (20) calendar days from the date of the settlement discussion. Section 7.8 The parties may mutually agree or the arbitrator may allow briefs upon an oral motion of one party and the arbitrator determines that written briefs would be important to the disposition of the case. Section 7.9 With respect to the interpretation, enforcement, or application of the provisions of the Agreement, the decisions, findings, and recommendations of the arbitrator shall be final and binding on the parties to this Agreement; however, the authority and responsibility of Employer as provided by the Charter of the City of Tulsa shall not be usurped in any manner unless specifically amended or modified by this Agreement. Section 7.10 The arbitrator's authority is strictly limited to the interpretation and application of the terms of this Agreement. The arbitrator shall have no jurisdiction to establish a mediatornew agreement or any variation or modification of the present Agreement, nor to arbitrate away, in whole or part, any provision of this Agreement or any supplements thereto or amendments thereof; nor shall any wage structures or structure of job classifications covered by this Agreement be subject to arbitration. This shall not preclude individual wage grievances. Section 7.11 It is specifically and expressly understood that taking an appeal to arbitration constitutes an election of remedies and a waiver of any and all rights by the appealing party and all persons it represents to litigate or otherwise contest the appealed subject matter in any court or other forum. This Section shall not apply to the judicial enforcement of an arbitration award. Section 7.12 The cost and expenses incurred by the impartial arbitrators shall be shared equally by Union and Employer. If a transcript of the proceedings is requested, then the party so requesting shall pay for it. Section 7.13 Two (2) representatives from Union and the grieving Employee may be present at the arbitration hearing without loss of pay for time spent in arbitration if the hearing is scheduled during the Employee's normal work period. Section 7.14 All issues in a particular arbitration, including issues relating to arbitrability, shall be heard in a single hearing. If additional information becomes available that could affect the second step decision, the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessionmeet and discuss such information prior to arbitration. (f) The time limits specified Section 7.15 When an Employee receives written notification of disciplinary action that would result in a monetary loss to the Employee, or the Employee elects the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension in the instances of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension discharge, the Employee or other matters accepted under Union shall have twenty (20) calendar days to grieve the jurisdiction action and the grievance will be filed at Step 2 of this procedure. The Human Resources Director or his/her designee shall conduct a hearing as set forth in Step 2 within ten (10) calendar days of receipt of the Civil Service Commission grievance and shall be handled in accordance with Chapter 400 issue a written answer within ten (10) calendar days of the Code of Iowa only and shall not proceed under the grievance procedurehearing.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 17.01 An employee, who has completed their probationary period, and has been disciplined, suspended or discharged, is entitled to appeal such action through the Grievance Procedure. a) A grievance shall define the related article(s) of the Collective Agreement, past practice, legislation, policies and procedures of the Employer, which have been violated. It is also understood that all applicable articles, violations and details of the grievance are included. b) The term Corporation acknowledges the right of the Union President (or designate) to appoint or otherwise select the Union grievance representatives, up to a maximum of three (3) representatives. c) Grievance representatives (to a maximum of three) and the grievor (unless terminated) shall mean a dispute be paid while presenting the grievance to Management. 7.02 Should any differences arise between the parties as it relates to Employer and any of the terms employees from the interpretation, application, administration, or alleged violation of the provisions of this agreement. A Grievance Agreement, ▇▇▇▇▇▇▇ effort shall be handled made to settle such differences without undue delay in the following manner: (a) It is understood that an employee and/or representative of the Union shall not grieve until they have made the Supervisor on duty aware of the complaint in writing, and given them an opportunity to implement a course of action to rectify the issue within seven (7) working days for the employee involved. The grievance must be brought Supervisor on duty shall rectify the issue or immediately report this notification/complaint to Transit Management, for the employee involved. b) The complaint, if not rectified to the attention satisfaction of the Chief employee, shall be dealt with at Step 1. Grievances shall be in writing, signed by the grievor and filed within five (5) working days of its alleged occurrencefor the employee involved. This may Grievances shall be done either orally or in written formwriting at all stages. Written grievances would Harassment issues shall be preferreddealt with under 6.01. c) All scheduling requirements for the grievance shall be the responsibility of Transit Management, Human Resources and Transit Union Executive. The Union representative shall receive a minimum of twenty-four (b24) hours notification of the grievance meeting. d) The Chief or parties, by mutual agreement, and confirmed by email, may extend the individual in command time periods at each step in the absence Grievance Procedure. Such extension shall be a reasonable request. e) Any alleged violation of the Chief due Collective Agreement as it relates to vacation or illness discipline, discharge, policy and group grievances will be submitted in writing, clearly defining what article in the Collective Agreement has been allegedly violated and what occurred. The grievance process shall have five (5) days in which to answer the grievancecommence at Step 2 as per Article 7.02. (c) STEP 1 The aggrieved Party may appeal the decision in Step (b) grievance shall be presented to the Mayor's designee for Supervisor on duty of the Citydesignated area of responsibility or their designate. This must be done in writing The Supervisor on duty or their designate shall meet with the grievor and one (1) Union Representative within five (5) working days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If of receiving the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.respond within five

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Both parties recognize the desirability of exerting an ▇▇▇▇▇▇▇ effort to settle grievances at the earliest possible time. Section 1. The term Grievance : A grievance shall mean be defined as a dispute complaint between the parties as it relates to Town Administrator or his/her Designee and the terms Union and/or the employee involving an alleged specific and direct violation of a specific provision of this agreement. Agreement. Section 2: A Grievance shall be handled in the following manner: (a) The grievance must be brought to the attention of the Chief presented within five (5) working days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence time of the Chief due to vacation occurrence of the act, decision, or illness ruling forming the basis of the grievance and must be processed in accordance with steps below: The employee shall have five (5) days in which to answer present the grievance. , in writing, to his/her immediate supervisor, or his/her designee, who shall confer with the grievant, Union representative, witnesses and others within 5 (cfive) business days. The aggrieved Party may appeal the decision supervisor will then issue an answer in Step (b) writing to the Mayor's grievance within five working days of the conference. If the grievance is not satisfactorily settled, it shall be appealed, in writing, to the Human Resources Director or his/her designee for the City. This must be done in writing within five (5) working days after the Chief has given employee's receipt of the written answer from Step 1. The Human Resources Director or its designated representative member, the grievant, and/or the chairperson of the Union or his response. (d) The Mayor's designee will have seven (7) days in which designee, shall meet to answer the grievance. (e) If discuss the grievance has not been resolved after Step within fourteen (d), 14) calendar days. The Human Resources Director will give his/her written answer to the Union may grievance within five (5) working days request binding arbitration as prescribed in of the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediatormeeting. If the parties cangrievance is not agree upon a mediatorsatisfactorily settled, they it shall request that PERB appoint a mediator. If be appealed to the issue(sTown Administrator or his/her Designee within five (5) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar working days after the mediation session. (f) employee's receipt of the written answer of the Human Resources Director. The time limits specified in Town Administrator or his/her Designee shall meet to hear the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.within five

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. The ‌ 30.1 For the purpose of this agreement, the term Grievance shall mean a "grievance" means any difference or dispute between the parties as it relates State and the Union or between the State and any employee with respect to the terms interpretation, application, or violation of any of the provisions of this agreement. A Grievance . 30.2 There shall be handled in a grievance procedure as follows: Step 1. a. A grievance shall be presented by the following manner: aggrieved employee and/or by the Union within ten (a) The grievance must be brought to the attention of the Chief within five (510) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferredthe employee’s and/or Union’s knowledge of the occurrence of such grievance. b. An aggrieved employee shall discuss their problem with their Union representative and immediate supervisor, who shall attempt to settle the problem within three (b3) The Chief or working days. Step 2. a. If a grievance is not resolved in Step 1 above, it shall be reduced to writing and submitted to the individual in command in the absence designee of the Chief due to vacation or illness shall have five Director of the Department of Administration by the aggrieved employee and/or by the Union within fourteen (514) days in which of the employee’s and/or Union’s knowledge of the occurrence of such grievance. The written grievance shall set forth the factual and contractual allegations of the grievance, as well as the relief requested. The aggrieved employee and/or the Union representative shall meet, within fourteen (14) days of the submission of the written grievance, with the Director’s designee who shall conduct a hearing on the grievance. Two (2) Union officers and the aggrieved may present the grievance at the hearing. Such designee shall render a decision to answer the Union and to the employee within fourteen (14) days of the hearing. The decision shall respond to the factual and contractual allegations of the grievance. (c) The aggrieved Party may appeal a. In the decision event the grievance is not settled in Step (b) a manner satisfactory to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and aggrieved member and/or the Union, by mutual agreement, then such grievance may request mediation be submitted to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the manner provided herein, within thirty (30) days from the transmittal of the Step 2 decision. Either party to this agreement shall be permitted to call witnesses as part of the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selectedprocedure. The time limits hereinabove are to be strictly construed State, on request, will produce payroll and each party will make every effort to settle the grievance equitably at each stepother records, as necessary. Members of the Grievance Committee may meet with Union committee, stewards, the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time aggrieved employee and employee witnesses who are State employees will be allowed paid at their regular rate up to their normal quitting time for investigation and preparation time spent in processing grievances. The Union representative will have the right to assist the aggrieved at any step of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance 25.01 Both Parties recognize an Employee, accompanied by a Union ▇▇▇▇▇▇▇, has the right to discuss with the Employer any question or complaint relating to the working conditions and conditions of employment, including those governed by the provisions of this Agreement, without prejudice to the right of the Union to have subsequent recourse to the grievance procedure. 25.02 A grievance shall mean be defined as any difference arising out of the interpretation, application, administration, or alleged violation of the Collective Agreement. 25.03 Where a dispute between involving a question of general application or interpretation occurs, or when a group of Employees or the parties as it relates Union has a grievance, the Union and its representatives shall have the right to originate a policy grievance on behalf of the Employee, or group of Employees and seek redress with the Employer in the manner provided in the grievance procedure. 25.04 Grievances must be filed within thirty (30) calendar days of the occurrence giving rise to the terms grievance, or the grievor becoming aware of this agreementthe event giving rise to the grievance, or such longer period of time as may be reasonable in the event of circumstances beyond the control of the grievor. 25.05 Time limits set out in the grievance procedure may be extended by mutual agreement in writing by the parties. A Grievance If the grievor or the Union fails to process a grievance to the next step in the grievance procedure within the time limits specified they shall not be deemed to have prejudiced their position in arbitration. 25.06 Replies to grievances stating reasons shall be handled in writing at all stages. 25.07 At each step of the grievance procedure the grievor(s) and the Union representative(s) shall have the right to be present with no loss of pay. 25.08 An ▇▇▇▇▇▇▇ effort shall be made to settle grievances fairly and promptly in the following manner: Step 1 The grievor or the Union shall first inform the Employer of the existence of a dispute. The Employer shall then have up to two (a2) working days to resolve the dispute to both parties satisfaction. If the dispute is not resolved satisfactorily, it may then become a grievance and be advanced to Step 2. Step 2 The grievor or the Union shall file the grievance with the Secretary Treasurer and/or designate of the AFL. The grievance must be brought to shall stipulate the attention nature of the Chief within five (5) days grievance, such articles of its alleged occurrence. This the agreement as may be done either orally or in written formalleged to have been violated and the redress sought by the grievor. Written grievances would be preferred. (b) The Chief or the individual in command in the absence decision of the Chief due to vacation or illness Secretary Treasurer and/or designate shall have five (5) days be communicated, in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing writing, within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) working days of the submission. If the dispute is not resolved satisfactorily in which Step 2, it may be advanced to answer the grievanceStep 3. (e) Step 3 If the grievance has is not been resolved after at Step (d)2, the Union grievance may be submitted within five seven (57) working days request to an Ombudsperson. Step 4 If the grievance is not resolved at Step 3 within fifteen (15) working days, it may be advanced to an Arbitration Board consisting of one appointee selected by the Union, one selected by the Employer, and a chairperson either mutually agreed upon or appointed by the Alberta Director of Mediation Services. By mutual consent of the parties a Single Arbitrator may be substituted for the Arbitration Board. The single arbitrator shall be selected by mutual agreement, or if that is not attainable, by appointment by the Alberta Director of Mediation Services. 25.09 Neither an Arbitration Board nor a Single Arbitrator shall have the right to amend the terms of this Agreement. The decision of the Arbitration Board or the Single Arbitrator shall be final and binding upon the parties. 25.10 The costs of arbitration as prescribed in shall be borne separately by the Iowa Public Employment Relations Act. parties except the costs of the Chairperson of an Arbitration costs Board or the Single Arbitrator shall be shared equally by the partiesParties. 25.11 No grievance shall be defeated or denied by any formal or technical objection. The City An Arbitration Board or the Single Arbitrator shall have the power to allow all necessary amendments to the grievance and the Union, by mutual agreement, may request mediation power to help bring resolution waive formal procedure irregularities in the processing of a grievance in order to determine the grievance. If mediation real matter in dispute and to render a decision which is agreed upon, the City deemed just and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessionequitable. (f) The time limits specified in the grievance procedure 25.12 All communications related to grievances shall exclude Saturdays and Sundays and observed holidaysbe treated as confidential. (g) Each party may ask for an extension 25.13 If there is no resolve after step 2 of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure, either side may request the use of a third party mediator. Any mediation shall be non binding and without prejudice and precedence. Mediation shall only be used by mutual consent. The costs of mediation shall be borne separately by the parties except the costs of the Mediator shall be shared equally by the Parties.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean 15.01 Unless otherwise provided for in this Agreement, every subject of joint discussion will first be taken up by the Union and the Company in accordance with the procedures provided for in this Agreement, and every effort will be made by the Parties to reach a dispute between the parties mutually satisfactory agreement as quickly as possible. 15.02 If an employee wishes to have a complaint taken up, it relates to the terms of this agreement. A Grievance shall will first be handled in the following manner: (a) The grievance must be brought to the attention of the Chief taken up verbally with his supervisor, within five (5) working days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence occurrence of the Chief due to vacation event (s) or illness shall have five (5) working days from the time the employee had knowledge of the event and this occurred in which a reasonable time frame. He may do this personally, with or without his ▇▇▇▇▇▇▇ or he may request the ▇▇▇▇▇▇▇ to answer do it for him. The employee will be present when the grievancematter is discussed by the ▇▇▇▇▇▇▇ and the supervisor if the supervisor or the ▇▇▇▇▇▇▇ so requests. Any complaint or grievance filed by an employee beyond the five (5) day period indicated above will not be considered unless the employee is able to provide a reasonable explanation of the delay to Management. If the complaint is not satisfactorily disposed of verbally within twenty-four hours after its presentation, or such longer period as may be mutually agreed upon, the Union Grievance Committee may, within eight (8) working days refer the grievance to the Manager's Committee. 15.03 The Union Grievance Committee will give the Manager's Committee at least five (c5) working days’ notice in writing of any grievance to be discussed. The aggrieved Party may appeal Manager's Committee will meet with the decision in Step Union Grievance Committee composed of not more than three (b3) employees of the Plant if there are grievances to the Mayorbe discussed. The Manager's designee for the City. This must be done Committee will give its answer in writing within five (5) working days after such a meeting. At this stage a full time representative of the Chief has given his responseUnion may be present when the grievance is being discussed if requested by either party. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) 15.04 If the grievance has decision of the Managers Committee is not been resolved after Step (d)satisfactory, the Union may Grievance Committee may, within five eight (5) days request binding arbitration as prescribed in 8) working days, refer the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution grievance to the grievanceVice President of Human Resources, or such other person as he may designate. If mediation is agreed uponWithin eight (8) working days of receipt of such notice, the City and a meeting will be held with the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension Grievance Committee Composed of not more than sixty three (603) days, employees of the Plant. An answer will be given within eight (8) working days after the neutral such a meeting has been selectedheld. At this stage, a full-time representative of the Union may be present, if requested by either party. 15.05 The time limits hereinabove allowances provided in the above Articles may be extended by mutual agreement. If the time allowances or any mutually agreed on extensions are to be strictly construed and each party will make every effort to settle not observed by the Union or by the Company, the grievance equitably at each step. Members will be considered as advanced to the next stage. 15.06 The aggrieved employee will be present for any discussions if requested by either party. 15.07 It is recognized that Stewards, members of committees and Union Officers have regular duties to perform as employees of the Grievance Committee may meet with Company. (A) The Company acknowledges the right of the Union to select Stewards to assist employees in presenting their grievances to the representatives of the City for Company. The number of such Stewards and the purpose of resolving said grievance during duty hours. A reasonable amount of time area within which each one may function will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 Article 18.07, of the Code of Iowa only and shall not proceed under the grievance procedure.Article 18 -

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute A grievance is any controversy between the parties as it relates to this AGREEMENT which pertains to any matter involving interpretation, violation or misapplication of any of the terms provisions of this agreementAGREEMENT. Section 2. A Grievance The presentation of a grievance shall be handled in considered the following manner:right of each employee without fear of reprisal. (a) The Section 3. Any grievance must be brought presented to the attention employee's supervisor, in writing, either within ten (10) working days of the Chief occurrence or ten (10) working days of the employee's learning of the occurrence. The grievance shall set forth in writing the facts and the specific provision of the AGREEMENT allegedly violated or the dispute, complaint, problem, issue, or question existing and the specific relief sought. Any grievance which is not filed within this time limit shall be invalid and without further recourse. Failure to file or advance the grievance according to the established procedures and times shall cause that party to waive the right to respond to that level. If the employee or FEDERATION fails to respond, the grievance shall be canceled. If management fails to respond, the employee may proceed to the next level of the procedure. Time limits or procedural steps may be waived upon mutual, written agreement by both the employee and the Director of Human Resources. LEVEL 1: The supervisor shall respond to the grievance within five (5) working days of its alleged occurrenceafter receiving it. This LEVEL 2: In the event the grievance is not resolved in Level 1, the grievance may be done either orally or presented, in written formwriting, to the employee's Department Head within ten (10) additional working days. Written grievances would be preferred. (b) The Chief or the individual in command in the absence As part of the Chief due attempt to vacation or illness shall have five (5) days in which to answer resolve the grievance. (c) The aggrieved Party , the Department Head, Employee or Federation may appeal the decision in Step (b) to the Mayor's designee for the Cityrequest a meeting. This must If a meeting is requested, it shall be done in writing scheduled within five (5) working days of the request. A written response to the grievance shall be provided to the employee within LEVEL 3: In the event the grievance is not resolved at ▇▇▇▇▇ ▇, the employee may present the grievance to the Board of County Commissioners within ten (10) working days after the Chief has given his response. Department Head responds in Level 2. The Board of County Commissioners shall have ten (d10) The Mayor's designee will have seven (7) working days in which to answer resolve the grievance. (e) If the grievance Section 4. Any dispute which has not been resolved by the above grievance procedure may be submitted to arbitration by the aggrieved party provided it is submitted in writing within ten (10) working days after Step the Board of County Commissioners responds in Level 3. The aggrieved party shall notify the other party in writing of the matter to be arbitrated and the specific contract provisions allegedly violated. Once a grievance is submitted to arbitration under this Section, the parties shall have twenty (d20) working days from the date of submission to either mutually agree to an arbitrator or to petition the Federal Mediation and Conciliation Service (FMCS), as set forth in Section 5 below. Section 5. The parties shall select an impartial arbitrator who shall be agreeable to the Union may within EMPLOYER and the FEDERATION. In the event that the parties to the dispute are unable to agree upon the selection of an arbitrator, the Federal Mediation and Conciliation Service shall be requested to provide a list of five (5) names. Each party to the dispute shall alternately strike names with the party bringing the grievance striking the first name, until one remains and that person shall be designated the arbitrator. The arbitrator shall consider the grievance and shall render a decision within twenty (20) days request of the date of receipt of the grievance. Section 6. The arbitrator shall not have the power to detract, modify or amend this AGREEMENT in any way. Section 7. The decision of the arbitrator shall be binding arbitration as prescribed in upon all parties concerned. Section 8. Each party shall bear the Iowa Public Employment Relations Actfees and expenses of the presentation of its own case. Arbitration costs The fees and expenses of the impartial arbitrator shall be shared equally by between the parties. Section 9. In the event one of the parties to the arbitration wants a transcript of the arbitration proceedings, the party requesting the transcript shall pay the cost of such transcript. Section 10. In computing any period of time prescribed or allowed by procedure herein, the date of the act, event or default for which the designated period of time begins to run shall not be included. The City and last day of the Unionperiod so computed shall be counted, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or a legal holiday. Time limits designated in Article 31 GRIEVANCE PROCEDURE of this AGREEMENT may be extended by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If agreement between the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessioninvolved. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a 14.01 Any dispute between the parties as it relates to Co-operative, the terms Union or the employees covered by this Agreement which concerns the interpretation, application or alleged violation of this agreementAgreement may be presented as a grievance. A Grievance For the purpose of this article only, working days shall be handled in defined as five (5) days Monday to Friday. 14.02 Any employee, the Union, or the Co-operative may present a grievance. Any grievance which is not presented within fifteen (15) working days following mannerthe event giving rise to such grievance, or within fifteen (15) working days of the last day worked when relating to a discharge grievance, shall be forfeited and waived by the aggrieved party. 14.03 The procedure for adjustment of grievances and disputes shall be as follows: (a) The grievance must be brought to A discussion between the attention Shop ▇▇▇▇▇▇▇ and/or Union Representative (with the aggrieved employee present or absent at their option) and the immediate supervisor, or in the absence of the Chief within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferredimmediate supervisor, the General Manager. (b) Failing agreement of subsection (a), the grievance shall be submitted in writing within fifteen (15) working days and shall clearly set forth the issues and contentions of the aggrieved party, and the grievance shall be dealt with by the Shop ▇▇▇▇▇▇▇ and/or Union Representative and the General Manager or their duly appointed representative in the event of their absence. The Chief General Manager or their duly appointed representative shall render a written decision on any grievance initiated by an employee or the individual in command in Union, within fifteen (15) working days. A full-time Union Representative shall render a written decision on any grievance initiated by the absence of the Chief due to vacation or illness shall have five Co-operative, within fifteen (515) days in which to answer the grievanceworking days. (c) The aggrieved Party may appeal the decision in Step Failing agreement of subsection (b), then upon request of either party, but not later than ten (10) calendar days thereafter, the matter shall be referred to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his responsean Arbitrator, selected as per Article 15. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d), Union refers the Union may within five (5) days request binding arbitration matter to an Arbitrator as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.per sub-article

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. Section 8.01 The purpose of this Article is to establish a procedure for the orderly and prompt settlement of all grievances based on cooperative efforts of both parties. 8.02 A grievance shall be defined as any complaint relating to the application, interpretation, administration or alleged violation of the Collective Agreement.  VERBAL: Any employee having a complaint shall first take the matter up with their immediate supervisor and if requested their Union Representative. If a settlement is not reached within three (3) days, the grievance, to be processed further, must be reduced to writing and presented to the Supervisor within seven (7) days of the event giving rise to the grievance becoming known or should have become known to the griever.  Step 1: The grievance will be submitted, on a form supplied by the Union. All grievances should identify, the Article(s) alleged to have been violated, the date the grievable event occurred and the relief requested. The Supervisor/Shift Manager and the Union Representative shall attempt to resolve the matter. If unresolved the Supervisor/Shift Manager shall give their decision in writing on the grievance form within three (3) days of receipt of the grievance, explaining why the grievance is denied.  Step 2: Should the employee or Union be dissatisfied with the Supervisor’s response, the grievance may, within (3) days of receipt of the response at Step 1, be presented to the Human Resource Manager. The Human Resource Manager and the Union Representative(s) shall attempt to resolve the matter. If unresolved the Human Resource Manager shall give his decision in writing on the grievance form within three (3) days of receipt of the grievance, explaining why the grievance is denied.  Step 3: Should the Union be dissatisfied with the decision at Step 2, the Union may, within seven (7) days of receipt of the answer at Step 2 request a meeting of the Plant Committee, the Operations Manager, Human Resource Manager or designated representatives. The parties shall meet within fourteen (14) days of the request for the meeting. The Union National Representative and/or President of the Local Union or his designate may be in attendance at this meeting. 8.03 The Company’s decision relating to the grievance shall be in writing and, if not rendered during the Step 3 meeting, shall explain the Company’s decision and be provided to the Chairperson or designate within seven (7) days of the meeting. 8.04 If the Company’s decision is not satisfactory to the Union it may be referred to an arbitrator, provided written notice of the Union’s intention to refer the dispute to an arbitrator is given to the Company within fourteen (14) days of the Company’s decision at Step 3. 8.05 A claim by an employee that he/she has been discharged or suspended without just cause will be treated as a special grievance, which shall commence at Step 3. 8.06 If two (2) or more employees simultaneously have the same alleged grievance under the same circumstances, it may be presented as a single group grievance with the name of each griever shown. The group grievance is to be initiated at Step 1. The term Grievance shall mean If, in the course of the grievance procedure dealing with a dispute between particular issue, subsequent individual or group grievances are filed that complain about the parties same matter, it is agreed that the subsequent grievances will, whenever possible, be consolidated with the original grievance and dealt with as it relates one group grievance at the request of either the Company or the Union. 8.07 A policy grievance is defined as one which alleges misinterpretation or violation of the provisions of this Agreement and which could not otherwise be resolved at a lower step of the grievance procedure because of the nature and scope of the subject matter of the grievance. A policy grievance may be filed by the Chairperson and will commence at Step 3 of the grievance procedure. If a determination is made that a grievance filed as a policy grievance should have been filed as an individual or group grievance pursuant to the terms of this agreementCollective Agreement, the parties agree that the improper filing will not be grounds for dismissal of the grievance. A Grievance Should this determination be made, the parties agree that the grievance will be deemed to have been filed as an individual or group grievance, as applicable. 8.08 The time limits set forth in this Article may be extended by the written mutual agreement of the Union and the Company. This request will not be unreasonably denied. 8.09 The term "days" when used in this Article shall be handled exclude Saturdays, Sundays, holidays as defined in this Agreement and plant shutdown periods. 8.10 In the following manner: (a) The grievance must be brought event the Company fails to give a written response to the attention grievance within the timeframes specified at any Step of the Chief within five (5) days of its alleged occurrencegrievance procedure, the grievance will be automatically processed to the next step up to and including arbitration. This The Company or Union may be done either orally withdraw, without precedent or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence prejudice to any other case, their own grievance which has been referred to any step of the Chief due to vacation grievance procedure. The Company or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in settle, without precedent or prejudice to any other case, a grievance which has been referred to any step of the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by grievance procedure. 8.11 The Company has the parties. The City and right to file a grievance against the Union. This grievance is to commence at Step 3. 8.12 In addition to the regular arbitration procedure provided for in this Agreement the parties may, by mutual agreement, may request refer a grievance(s) to a mediation process. This process does not prejudice either parties right to help bring resolution to arbitration. The parties will equally share the grievance. If mediation is agreed upon, cost of the City and the Union shall attempt to agree upon a mediator. If Selection of the parties cannot agree upon a mediator, they shall request that PERB appoint a mediatormediator will be by mutual agreement. If the issue(s) are not resolved to both parties satisfaction in All mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove meetings are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hoursheld offsite. A reasonable amount request for full disclosure of time particulars may be made by either party prior to the mediation. The request will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance proceduregranted promptly.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute Any complaint, disagreement or difference of opinion between the parties as it relates to Co-operative and the Union or the employees covered by the Agreement which concerns the breach, interpretation or application of the terms and provisions of this contract shall be considered a grievance. Any grievance which is not presented within ten (10) calendar days of the event shall be forfeited and waived by the aggrieved party. 2. An employee who feels he/she has been aggrieved within the terms of this agreementArticle 11, Section 1 above may present a grievance. 3. A Grievance All grievances shall be handled submitted in writing and shall set forth the following mannerissues and contentions of the aggrieved parties. 4. The procedure for adjustment of disputes and grievances will be as follows: (a) The grievance must By a discussion between the Shop ▇▇▇▇▇▇▇ (with the employee present or absent at his/her option) and the General Manager. A written decision on the matter shall be brought given to the attention of the Chief aggrieved party within five seven (57) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferredcalendar days. (b) The Chief Failing agreement in subsection (a), the grievance shall be dealt with by the Grievance Committee of the Union and the General Manager or the individual in command his/her duly appointed representative in the event of his/her absence for a period in excess of one (1) week. A written decision on the Chief due matter shall be given to vacation or illness shall have five the aggrieved party within seven (57) days in which to answer the grievancecalendar days. (c) The aggrieved Party may appeal If a satisfactory settlement cannot be reached then upon the decision in Step (b) request of either party, the matter shall be referred to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his responseBoard of Arbitration established as per Article 12. (d) The Mayor's designee will have 5. After the completion of any step in Section 4, if the aggrieved party does not proceed to the next step within seven (7) days in which calendar days, the grievance shall lapse and be deemed to answer the grievancebe abandoned. (e) If 6. The parties may agree to the grievance has not been resolved after Step (d), appointment of a mediator in attempting to resolve the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Actdispute. 7. Arbitration costs All negotiations with respect to disputes and grievances shall be shared equally by dealt with during the parties. The City regular working hours and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union no employee shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction suffer any loss of pay for time spent in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessionsuch negotiations. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute between Any difference concerning the parties interpretation, application or operation of the Agreement or any grievance arising from the suspension or dismissal of any employee and including any question or difference as it relates to the terms whether any matter is arbitrable, or any grievance concerning any alleged violation of this agreement. A Grievance Agreement, or any difference or grievance concerning reclassification of employees, shall be handled finally and conclusively settled without stoppage of work in the following manner: (a1) The Such difference or grievance must shall first be brought taken up in writing with the Fire Chief within seven (7) days of such difference or grievance arising. (2) If such difference or grievance is not settled within seven (7) days the Union shall present such grievance or difference in writing to the attention Chair of the Chief Joint Grievance Committee. The said Committee shall be comprised of four (4) members, each of whom will have a vote; two (2) to be appointed by the Mayor of the City, one of whom shall be Chair; and two (2) to be appointed by the Union. (3) Should the Joint Grievance Committee be unable, by majority decision, to effect a settlement of such a grievance within seven (7) days of receipt of such grievance by the Chair, such grievance shall be submitted to a Board of Arbitration of three (3) persons, one of whom shall be appointed by the City and one by the Union, such appointments shall be made within seven (7) days of the failure of the Joint Grievance Committee to reach a decision, and the third member shall be appointed within five (5) days of its alleged occurrenceby the two members so appointed, and shall be Chair. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or Should the individual in command in members appointed by the absence of parties fail to agree on a Chair within the Chief due to vacation or illness shall have said five (5) days in which to answer days, the grievance. said Chair shall be appointed by the Minister of Labour of the Province of British Columbia. The majority decision of the Board shall be final and binding on both parties and each party shall bear the expense of their arbitrator and pay half of the expenses of the Chairman. The Board shall finally settle such difference or grievance within ten (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (510) days after the Chief has given his responseappointment of the Chair. (d4) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d)Wherever a stipulated time is mentioned herein, the Union said time may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally extended by mutual consent of the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. Section 18 This Article establishes the exclusive procedure for the processing and 9 settlement of grievances. The term Grievance All grievances shall mean a be processed solely in 10 accordance with the procedures set forth in this Article. A grievance is 11 defined as any dispute between the parties as it relates or claim arising out of or relating to the terms 12 interpretation or application of this agreement. A Grievance 14 The parties agree to encourage discussions between employees and 15 supervisors prior to implementing the official steps as outlined in this 16 Article. 18 The parties agree that legal counsel shall not attend grievance hearings 19 through Step 3 of the formal process. 21 When employees are required to attend a grievance hearing as a grievant, 22 University witness, or Union representative, they will only be paid for the 23 time spent in attending grievance hearings when such time coincides with 24 their regularly scheduled working hours. When a grievance is filed by 25 more than one employee, the grievance will identify one of those 26 employees who shall represent the class of grievant at each step of the 27 grievance procedure. Neither party shall be handled responsible for the expense of 28 witnesses called by the other party, including lost work time. 30 Without a compelling reason for absence, a grievance will be dismissed 31 when the grievant fails to be present at any one of the hearings of the steps 32 of the grievance procedure. 33 34 35 14 36 - 14 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1 “Working day” within the meaning of this Article is defined as Monday 2 through Friday, excluding all paid holidays. Whenever the University 3 fails to meet the time limits required in this Article, the grievance at issue 4 may be appealed to the next step. Whenever the Union or grievant fails 5 to meet the time limits required in this Article, the grievance shall be 6 regarded as settled on the basis of the University’s last response or 7 position. Initial steps and time limits of this Article may be waived by 8 mutual written agreement, of the Union and the University. 10 No Step 1 or 2 grievance settlement shall establish precedent or practice 11 for either the Union or the University. A grievance may be withdrawn at 12 Steps 1 or 2 without prejudice or precedent. 14 When the Union alleges that the University has violated a specific 15 provision or provisions of this agreement, so as to allegedly violate 16 employees’ rights under the terms of the agreement, the Union may 17 initiate a grievance at Step 3 of this procedure. 19 No employee shall be discriminated against for participating in the following manner: (a) 20 grievance procedure. 22 Employees who have filed a grievance shall have the right to be present 23 personally at any stage of the Grievance Procedure. However, an 24 employee may waive the right to be present. The employee may be 25 accompanied by a Union representative. Union representatives may assist 26 employees who wish to file grievances. 27 At each step of the grievance procedure, each party shall present the facts 28 and documents known to the party at the time to support its position on 29 the grievance. Additional information requested by either party in writing 30 shall be provided in keeping with applicable labor law prior to the next 31 step of the grievance procedure. 33 The steps of the grievance procedure shall be: 35 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1 Step 1 2 An employee who wishes to pursue a grievance must be brought submit a completed 3 and signed grievance form to the attention of the Chief management within five (5) working days 4 from the date on which the cause of the complaint occurred or from the 5 date the aggrieved employee had reason to know of its alleged 6 occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or Management will meet with the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing employee and/or Union 7 representative within five (5) working days after from the Chief has given his response. (d) The Mayor's designee receipt of the 8 grievance form, and will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d), the Union may provide a response within five (5) working days request binding arbitration as prescribed in 9 from the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members date of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedureStep 1 meeting.

Appears in 1 contract

Sources: Collective Bargaining 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. 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 term Grievance supervisor shall mean respond to the grievant with a dispute copy of the response to the ▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two. A representative of the appropriate Human Resources Department shall hold a meeting between the parties as it relates head of the unit, the grievant, and the designated union representative on Employer paid time to discuss and attempt to resolve the grievance. This meeting shall be held within fourteen (14) calendar days of the receipt of the Step Two grievance. Within fourteen (14) calendar days of the meeting, the head of the unit shall provide a decision in writing to the terms grievant and the union representative with a copy to the appropriate Human Resources Department. The parties are limited to two (2) 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 this agreementthe meeting, the hearing officer shall provide a decision, in writing, to the grievant and the Union representative with a copy to the appropriate Human Resources Department. A Grievance The parties are limited to two (2) representatives each, in addition to the grievant and the supervisor. An issue not raised by the Union in the Step Three grievance shall be handled not proceed to arbitration unless mutually agreed between the parties. Within ten (10) calendar days from the 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 an arbitrator outside their agreed upon list. If the parties are unable to agree on a list of arbitrators, then the parties shall select, within ten (10) calendar days of the Union's request for arbitration, an arbitrator from a panel provided by the Bureau of Mediation Services or the American Arbitration Association. The parties shall have ten (10) calendar days following receipt of the list to select an arbitrator in the following manner: (a) : The grievance must be brought to the attention of the Chief within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness Union shall have five (5) days in which the right to answer strike one name from the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d)list, the Union may within five (5) days request binding arbitration as prescribed in University shall then strike one name, and the Iowa Public Employment Relations Act. Arbitration costs process will be repeated and the remaining person shall be shared equally the arbitrator. The arbitrator will then be jointly notified by the partiesparties of selection with a request for available hearing dates. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to parties agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission hearings involving possible monetary liabilities shall be handled given first priority in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedurescheduling.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 111.1 The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. The term Grievance shall mean Accordingly, a dispute between the parties as it relates to the terms of this agreement. A Grievance grievance shall be handled in the following manner: filed within seven (a) The grievance must be brought to the attention of the Chief within five (57) days of its alleged occurrencethe circumstances giving rise to it. This It is agreed that a grievance alleging improper rate of pay or amount of pay may be done either orally or in written form. Written grievances would be preferred. lodged within twenty-one (b21) The Chief or the individual in command in the absence working days of the Chief due circumstances giving rise to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal 11.2 It is generally understood that an employee has no complaint or grievance until he, either directly or through the decision in Step (b) Union, has first given the Clerk’s designate an opportunity to adjust the Mayor's designee for the Citycomplaint. This Grievances must be done submitted in writing within five (5and must state the details of the occurrence or decision being grieved, the article(s) days after of the Chief has given his responseAgreement claimed to have been violated and the remedy sought. (d) The Mayor's designee will 11.3 If, after registering the complaint with the Clerk’s designate, the Union is not satisfied with the result, the Union or employee shall have seven (7) days in which from the date of the grievance to answer advance the grievance. Any grievance must be advanced in writing and will proceed as follows; Step 1: Within fourteen (14) days of receipt of notification of the Union’s desire to proceed with the grievance, the Clerk or designate shall hold a meeting with the employee, ▇▇▇▇▇▇▇ and Chief ▇▇▇▇▇▇▇. The Clerk or designate shall communicate the Employer’s position to the employee and the Union within seven (7) days of such meeting. (e) Step 2: If the grievance has matter is not been resolved after Step settled, then within seven (d7) days of the Clerk’s reply, the National Union Representative or Chief ▇▇▇▇▇▇▇ must request a meeting with the Employer's Management. In such case a meeting shall be held between the Employer representative(s), the Union may Union’s National Representative, if desired by the Local, and the Grievance Committee within five fourteen (514) days request binding arbitration after the Employer receives written notification from the Union that such meeting is desired, or such longer period as prescribed may be necessary, and mutually agreed upon. The Employer shall give its answer within seven (7) days of the meeting. If the matter is not disposed of at such meeting, and if the Union wishes to proceed to arbitration, the Union shall, within fourteen (14) days of the date of the answer given, but not thereafter, deliver to the Employer a notice in writing stating that it wishes to take the Iowa Public Employment Relations Act. Arbitration matter to arbitration. 11.4 The parties may mutually agree to utilize the services of a Grievance Mediator, prior to arbitration, the costs of which shall be shared equally paid by the parties. The City Employer and the Union, by mutual agreement, may request mediation . 11.5 The parties acknowledge the right to help bring resolution other arbitration processes pursuant to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessionLabour Relations Act. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute between the parties as it relates to the terms of this agreement. A Grievance shall be handled in the following manner: (a) The grievance must be brought to Union shall form from among themselves a Grievance Committee of not more than two (2) members. (b) Should any difference concerning the attention alleged violation of the Chief terms and conditions outlined in this Collective Agreement arise between the Employer and the Union, such difference shall be settled as outlined below. All time periods and procedures outlined in this Article are mandatory and exclude Saturdays, Sundays and Holidays observed by the Employer. (i) An employee having a grievance will make known his/her grievance in writing to his/her Team Manager or designate within five (5) working days of its alleged occurrencethe incident giving rise to the grievance. This may be done either orally The Team Manager or in written form. Written grievances would be preferreddesignate shall render his/her decision within three (3) working days. (bii) The Chief or Failing settlement at the individual above stage, the Union ▇▇▇▇▇▇▇ shall present the grievance in command in writing on a proper grievance form, clearly outlining the absence article(s) and section(s) of the Chief due Collective Agreement allegedly violated and the remedy sought and present it to vacation the Manager, Station Operations or illness shall have designate within five (5) working days of the immediate supervisor's decision in which (1), or failing any such decision, within five (5) working days of the date when the decision ought to answer have been given, unless a mutual agreement to extend the grievancetime limits was made. Otherwise, the matter shall be deemed to have been settled or abandoned. The Manager, Station Operations or designate shall render his/her decision in writing within three (3) working days after the presentation of the grievance by the Union ▇▇▇▇▇▇▇. (ciii) The aggrieved Party may appeal Failing settlement at the above stage, the Business Representative, and Grievance Committee where appropriate, shall present the grievance in writing to the Director, Customer Service or designate within five (5) working days of the decision in Step (bii) or failing any such decision, within five (5) working days of the date when the decision ought to have been given, unless a mutual agreement to extend the Mayor's designee for time limits was made. Otherwise, the Citymatter shall be deemed to have been settled or abandoned. This must be done The Director, Customer Service or designate shall render his/her decision in writing within five (5) working days after presentation of the Chief has given his responsegrievance by the Business Representative. (iv) Failing satisfactory settlement at the above stage, either party to this Collective Agreement may submit the grievance to arbitration within ten (10) working days of the decision of the Director, Customer Service or designate or failing any such decision, within ten (10) working days of the date when the decision ought to have been given, unless a mutual agreement to extend the time limits was made. Otherwise, the matter shall be deemed to have been settled or abandoned. When either party requests that a grievance be submitted to arbitration, that party will make such request in writing addressed to the other party to this Collective Agreement and at the same time submit at least five (5) names of possible arbitrators. Within ten (10) working days thereafter, the other party shall submit at least five (5) names of possible arbitrators. (c) The decision of the arbitrator shall be final and binding upon both parties concerned and the employee(s) concerned. (d) The Mayor's designee will have seven (7) days No person may be appointed as an arbitrator who has been involved in which any attempt to answer negotiate or settle the grievance. (e) If The parties will jointly share the grievance has not been resolved after Step (d), expenses of the Union may within five (5) days request binding single arbitrator. Witness fees and allowances shall be paid by the party calling the witness. No arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation awarded to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessionor against either party. (f) The Employer agrees that the Union ▇▇▇▇▇▇▇ shall be paid for time limits specified spent during normal working hours while in meetings with the grievance procedure shall exclude Saturdays and Sundays and observed holidaysEmployer on matters properly arising out of this Collective Agreement. (g) Each A Union ▇▇▇▇▇▇▇ shall be given twenty-four (24) hours notice of a disciplinary meeting, and may attend with the employee at the employee's discretion. (h) It is understood that a policy or Employer grievance may be submitted directly to Step (b) (iii) within five (5) working days of the incident giving rise to the grievance. The other party may ask for will respond as outlined in Step (b) (iii). (i) A policy grievance is defined as an extension alleged violation of not more than sixty the Collective Agreement affecting a majority of employees or the Employer. (60j) days, after the neutral If an employee believes that he/she has been selected. The time limits hereinabove are suspended or discharged without just cause, the matter may be presented as a grievance as prescribed in Step (b) (ii) within five (5) working days of the written notice of such suspension or discharge. (k) A letter of reprimand or suspension will be removed from the record of any employee twelve (12) months following the receipt of such letter or suspension, provided that the employee's record has been discipline free for a twelve (12) month period. (l) In the event that discipline is to be strictly construed and each party issued to a bargaining unit member, Management agrees the discipline will make every effort be served to settle the grievance equitably at each step. Members member within ten (10) working days of Management becoming aware of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedureincident.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute 3.1 In any differences arising between the parties as it relates to the terms of bound by this agreement. A Grievance Agreement concerning its interpretation, application, operation or alleged violation thereof, there shall be handled no stoppage of work because of such differences, and an ▇▇▇▇▇▇▇ effort shall be made to settle the matter promptly in the following manner: (a) i. The grievance must shall be brought stated in writing and delivered to the attention Department Supervisor of the Chief employee involved by the Association or the Board within twenty (20) working days of the alleged offence. ii. Should the Department Supervisor of the employee concerned be unable to settle the matter within four (4) working days following receipt of the grievance, step three (3) shall be invoked. iii. The grievance, shall be discussed between the Supervisor, the aggrieved employee, and the Grievance Committee of the Association. Should this step not settle the matter within five (5) days of its alleged occurrenceworking days, step four (4) shall be invoked. This The aggrieved employee may be done required by either orally or in written form. Written grievances would be preferredCommittee to attend. (b) iv. The Chief or the individual in command in the absence grievance shall be discussed between a Grievance Committee of the Chief due to vacation or illness shall have Board and the Grievance Committee of the Association. Failing settlement within fifteen (15) working days, step five (5) days in which shall be invoked. The aggrieved employee may be required by either Committee to answer attend. v. A Board of Arbitration shall be formed to hear the grievance. (c) The aggrieved Party may appeal . Either party shall notify the decision other in Step (bwriting of the question(s) to be arbitrated, and the Mayor's designee for name and address of its chosen representative on the CityArbitration Board. This must be done in writing After receiving such notification and statement, the other party shall within five (5) working days after appoint its representative on the Chief has given his response. (d) The Mayor's designee will have seven (7) days Arbitration Board, and give notice in which writing of such appointment to answer the grievance. (e) If other party. Such representatives shall try to select a third member who shall be Chairman. Should the grievance has not been resolved after Step (d), the Union may representatives fail to select such a third member within five (5) working days from appointment of the last representative, either party may request binding arbitration as prescribed in the Iowa Public Employment Relations ActMinister of Labour of the Province of British Columbia to appoint a Chairman. vi. Arbitration costs The expenses and compensation of the representatives selected by the parties shall be borne by the respective parties. The expenses and compensation of the Chairman shall be shared equally by between the parties. vii. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union Board of Arbitration shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(sreport its decision within thirty (30) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in appointment of the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selectedChairman. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members majority decision of the Grievance Committee Board of Arbitration shall be final and binding on all persons bound by this Agreement. Wherever a stipulated time is mentioned herein, the said time may meet with the representatives be extended by mutual consent of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedureparties.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute between Any difference concerning the parties interpretation, application or operation of the Agreement or any grievance arising from the suspension or dismissal of any employee and including any question or difference as it relates to the terms whether any matter is arbitrable, or any grievance concerning any alleged violation of this agreement. A Grievance Agreement, or any difference or grievance concerning reclassification of employees, shall be handled finally and conclusively settled without stoppage of work in the following manner: (a1) The Such difference or grievance must shall first be brought taken up in writing with the Fire Chief within seven (7) days of such difference or grievance arising. (2) If such difference or grievance is not settled within seven (7) days the Union shall present such grievance or difference in writing to the attention Chairman of the Chief Joint Grievance Committee. The said Committee shall be comprised of four (4) members, each of whom will have a vote; two (2) to be appointed by the Mayor of the City, one of whom shall be Chairman; and two (2) to be appointed by the Union. (3) Should the Joint Grievance Committee be unable, by majority decision, to effect a settlement of such a grievance within seven (7) days of receipt of such grievance by the Chairman, such grievance shall be submitted to a Board of Arbitration of three (3) persons, one of whom shall be appointed by the City and one by the Union, such appointments shall be made within seven (7) days of the failure of the Joint Grievance Committee to reach a decision, and the third member shall be appointed within five (5) days of its alleged occurrenceby the two members so appointed, and shall be Chairman. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or Should the individual in command in members appointed by the absence of parties fail to agree on a Chairman within the Chief due to vacation or illness shall have said five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d)days, the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs said Chairman shall be shared equally appointed by the partiesMinister of Labour of the Province of British Columbia. The City majority decision of the Board shall be final and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to binding on both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle shall bear the grievance equitably at each step. Members expense of their arbitrator and pay half of the Grievance Committee may meet with the representatives expenses of the City for the purpose of resolving said Chairman. The Board shall finally settle such difference or grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.within ten

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute 19.1 Any grievance which may arise between Union or any of its members and Cooperative with respect to the parties as it relates to interpretation or application of any of the terms of this agreement. A Grievance agreement and with respect to such matters as the alleged discriminatory or arbitrary discharge, discipline, demotion of an individual employee shall be handled determined by the procedure set forth in the following mannerparagraphs of this Title. The grievance must be filed within 30 calendar days from the date the grievant became aware of the alleged violation. 19.2 As the initial step in the adjustment of a grievance of an employee, the Union Shop ▇▇▇▇▇▇▇ shall discuss same with the Supervisor in charge. The Cooperative shall present its answer to the Union Shop ▇▇▇▇▇▇▇ as soon as possible but in no event more than ten (10) working days from the date of such discussion. Discussions between the Union Shop ▇▇▇▇▇▇▇ and the Supervisor may be on Cooperative time but shall be at such time and place as not to interfere with the work in progress. 19.3 If the Union Shop ▇▇▇▇▇▇▇ and the Supervisor involved are not able to reach an agreement on the disposition of a grievance, or if the Cooperative fails to answer within the time limits above, it may be referred by the Union in writing to the Department Head, setting forth the following: (a) The grievance must be brought to the attention A statement of the Chief within five (5) days nature of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred.the grievance and the facts upon which it is based; (b) The Chief Section or the individual in command in the absence Sections of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance.this agreement, if any, relied upon as being applicable thereto; (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the Cityremedy or correction which is desired. This must be done The Department Head shall reply in writing within five ten (510) working days after the Chief has given his response. (d) The Mayorreceipt, setting forth the Cooperative's designee will have seven (7) days in which to answer position on the grievance. (e) 19.4 If the grievance has not been resolved after Step (d)no satisfactory settlement is arrived at under Section 19.3, the Union either party may within five (5) working days request binding arbitration as prescribed in a conference with the Iowa Public Employment Relations ActManager to discuss the grievance. Arbitration costs Such conference shall be shared equally held as soon as possible but not more than fifteen (15) calendar days following its request. The time limits may be extended by thirty (30) days by mutual agreement between the parties. 19.5 If a satisfactory settlement cannot be reached under the foregoing procedure, either party may refer the case to arbitration by notifying the other in writing to that effect. Within twenty−one (21) days of such notice, Union and Cooperative shall each notify the other of the person appointed to act as their representative on the arbitration board. An arbitration board shall be appointed on each occasion that a grievance is submitted to arbitration. The board shall be composed of three (3) members, one to be appointed by Union; one to be appointed by the partiesCooperative. At the earliest convenience of the representatives after their appointment, they shall meet for the purpose of selecting the third member who will serve as Chairman of the Board. In the event the parties are unable to agree on a person to act as a third member, within forty−eight (48) hours they shall jointly request the Director of Federal Mediation and Conciliation Service to submit a list of five (5) persons qualified to act as a third member. After receipt of such list, the Union and Cooperative shall alternately challenge two names, the party to have first choice to be determined by lot. The City remaining name shall be accepted as Chairman of the Board. The arbitration board shall hear all evidence and arguments on the points in dispute and the Unionwritten decision of a majority of the members of such board shall be final and binding upon the parties hereto. The board shall have jurisdiction and authority to interpret and apply the provisions of this agreement insofar as shall be necessary to the determination of the grievance or complaint, by mutual but it shall not have jurisdiction or authority to alter in any way the provisions of this agreement. The board may make such retroactive award, or settlement, of any grievance or complaint as the equities of the case may request mediation to help bring resolution demand, but in no event shall any award be retroactive beyond the date of the occurrence of the latest incident which gave rise to the grievance, nor shall any award be retroactive for more than one (1) year prior to date of submission of grievance at step 2. If mediation is agreed upon, the City The Cooperative and the Union shall attempt each bear the expense of its own representatives. The expense of the third party shall be borne equally by the Cooperative and the Union. Either party may call any employee as a witness in any proceeding before the arbitration board, and if the employee is on duty, the Cooperative agrees to agree upon release such employee from duty so he may appear as a mediatorwitness. If an employee is called to appear before the parties cannot agree upon a mediatorboard, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation party calling the Union shall request binding arbitration within fourteen calendar days after the mediation sessionwitness will reimburse him for all expenses including time lost. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute between the parties as it relates 17.1 All matters pertaining to the terms proper application and interpretation of any and all of the provisions of this agreement. A Grievance Agreement shall be handled in adjusted by the following manner: (a) The grievance must be brought to the attention accredited representative of the Chief within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or Employer and the individual in command in the absence accredited representative of the Chief due Union. In the event of the failure of these parties to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing reach a satisfactory adjustment within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days from the date the grievance is filed in writing by either party upon the other, the matter shall be referred for final adjustment to a Labor Relations Committee selected as follows: two (2) members from the Employer and two (2) members from the Union. In the event the Labor Relations Committee fails to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators from which the labor relations committee shall select a fifth member, who shall be chairman, and the decision of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to answer add to, subtract from or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the grievancespecific facts of the issue in dispute. 17.2 During the process of making adjustments under the rule and procedures set forth in 17.1 above, no strike or lockout shall occur. 17.3 Except as provided for in Sections 17.3.2 and 17.3.3, no grievances or claim of violation of this Agreement shall be recognized unless presented in writing within thirty (e30) If days from the date of the occurrence causing the complaint or grievance, except in cases where report of the grievance has not been resolved after Step suppressed through coercion by the Employer. 17.3.1 In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the forty-five (d)45) day period immediately preceding the date upon which the grievance was filed in writing. 17.3.2 Where there is an automatic wage bracket adjustment due under the terms of Appendix "A", the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs period of adjustment shall be shared equally by one (1) year from the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in date the grievance procedure shall exclude Saturdays and Sundays and observed holidayswas filed in writing. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute between ‌ Any difference concerning the parties as it relates to the terms interpretation, application, or operation of this agreement. A Grievance shall Agreement or concerning any alleged violation thereof, or any grievance arising from the suspension or dismissal of any employee, or any question as to whether any matter is arbitrable, will be handled finally and conclusively settled without stoppage of work in the following manner: (a) The : Stage 1‌ Every potential grievance must be brought to the attention of the Chief within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command shall in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing first instance and within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) calendar days of the occurrence of the incident giving rise to the difference between the Parties, or within seven (7) calendar days of when the employee first becomes aware of the incident giving rise to the difference be discussed in which a meeting with the Fire Chief or designate. If the difference is not satisfactorily settled at this discussion stage, the employee’s representative shall submit a grievance in writing within seven (7) calendar days of the meeting. Stage 2‌ Within seven (7) calendar days of receipt of the written grievance, the Fire Chief or designate shall give a written response to answer the grievance. (e) employee and the Union. Should the grievance be denied, written explanations shall be given. Stage 3‌ If the grievance has is not been satisfactorily resolved after Step at Stage 2 the Union within fourteen (d)14) calendar days may submit in writing to the Fire Chief the Union’s intention to refer the matter to a Board of Arbitration consisting of three (3) members, one (1) of whom shall be appointed by the Employer and one (1) by the Union. In the event that either Party fails to nominate a member of the Board, then the other member shall have the right to nominate on the defaulting Party’s behalf. The two (2) members so appointed, shall themselves appoint a Chair of the Arbitration Board. Should the members fail to agree on a Chair, said Chair shall be appointed by the Minister of Labour. The provisions of the Labour Relations Code of British Columbia shall govern such arbitration. The majority decision of the Board shall be final and binding on both Parties and each Party shall bear the expense of their nominee and pay half the expenses of the Chair. Amending Time Limits‌ Wherever there is a stipulated time line expressed within Article 13, the said time line may be extended only by mutual written consent of the Parties. Failure of the Union may within five (5) days request binding arbitration as prescribed to adhere to the time requirements in this Article shall result in the Iowa Public Employment Relations Actabandonment of the grievance, on a without prejudice basis. Arbitration costs Failure of the Employer to adhere to the time requirements shall be shared equally by result in the parties. The City and grievance being resolved in favour of the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon on a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessionwithout prejudice basis. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. Section 114.01 The parties agree to meet promptly through their authorized representatives to discuss any dispute which may arise between them. The term Grievance Every effort shall mean a be made to resolve the dispute between the parties parties. 14.02 [a] Normal working days shall be deemed not to include Saturdays, Sundays or statutory holidays for the purposes of this Article. [b] Any complaint or dispute between the Company and an employee or employees, shall be dealt with as it relates follows: Step 1 The dispute or complaint will be reduced to writing in the form of a grievance and presented to the terms Supervisor who will give his/her written reply to the ▇▇▇▇▇▇▇ within three (3) normal working days; failing settlement: Step 2 The grievance shall be submitted to Senior Management within three (3) normal working day of the Supervisor's reply. The grievance shall be discussed between the Grievance Committee, the international representative of the Union and representatives of the Company. Senior Management will give an answer in writing within ten (10) normal working days; failing settlement: Step 3 Where a grievance related to the interpretation, administration, application or alleged violation of this agreement. A Grievance Agreement remains unsolved after the grievance procedure outlined above has been exhausted, including any question as to whether a matter is arbitrable, the matter shall be handled referred to arbitration within thirty-five (35) calendar days following receipt of the decision at Step 2. 14.03 The board of arbitration shall consist of one nominee to be appointed by each party to the Agreement and a chairperson to be selected by the nominees so appointed. The party desiring arbitration shall refer the matter to arbitration by appointing its nominee, and giving notice in writing to the other party of such appointment, together with a written statement of the question to be arbitrated, within thirty-five (35) calendar days of the decision at Step 2. All grievances must be 14.04 The bargaining committee shall consist of three (3) members and they shall be selected by the Union. The Company will pay the Bargaining Committee for time spent negotiating the collective agreement for a maximum of seven (7) days per member at their regular hourly wage rate. 14.05 The Grievance Committee and the ▇▇▇▇▇▇▇ if agreed by both parties will be paid for time lost during their regular working hours in grievance meetings with the Company at their regular hourly wage rate. 14.06 The Company will pay for reasonable time lost in the following manner:investigation of grievances provided the ▇▇▇▇▇▇▇ involved has obtained the permission of his/her supervisor. Such permission will not be unreasonably withheld. With respect to discipline involving a suspension or termination, stewards shall be granted a reasonable period of time, without loss of wages, to investigate and file discipline related grievances within the facility. (a) The grievance must be brought to 14.07 During the attention life of the Chief collective agreement, should meetings be held between the bargaining committee and the Company during regular working hours exclusive of grievance, arbitration and negotiation meetings, the employees involved shall be paid for time lost in those meetings at their regular hourly wage rate. 14.08 An employee who has successfully completed his/her probationary period shall be entitled to file a grievance alleging discharge without just cause. Such grievance shall be filed at Step 2 of the grievance procedure within five (5) normal working days of its alleged the occurrence. This The Step 2 meeting shall take place within 2 calendar weeks of filing the grievance and will include the Union's international representative if available. 14.09 Employees who have not completed their probationary period are not entitled to submit a grievance regarding their discharge and may be done either orally or in written form. Written grievances would be preferreddischarged without cause and without notice. (b) 14.10 The Chief or the individual time limits prescribed in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party this Article may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done extended by mutual agreement in writing within five (5) days after signed by both the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City Company and the Union, by mutual agreement, . 14.11 The parties may request mediation agree on a person to help bring resolution act as sole arbitrator in a particular case; he/she shall have all the powers of a board of arbitration under this Agreement. 14.12 Each of the parties hereto shall bear the expense of its own nominee to the grievance. If mediation is agreed upon, the City a board of arbitration and the Union parties shall attempt to agree upon jointly and equally bear the fees and expenses, if any, of the chairperson of such a mediator. If board of arbitration, or the parties cannot agree upon a mediatorsole arbitrator, they shall request that PERB appoint a mediator. If as the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessioncase may be. (f) 14.13 The time limits specified arbitration board shall not make any decision inconsistent with this Agreement, nor alter, modify, or amend, any part of this Agreement, but shall only consider the questions in the grievance procedure shall exclude Saturdays and Sundays and observed holidaysdispute. 14.14 With the exception of discipline resulting from conduct involving fraud, harassment, discrimination or health and safety issues, if there is a period of twenty-four (g24) Each party may ask months or more during which the employee has no discipline whatsoever (the "discipline-free period"), any discipline which occurred before the discipline-free period will not be considered as a basis for an extension of not more than sixty (60) days, after future disciplinary action against the neutral has been selectedemployee. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members calculation of the Grievance Committee may meet with the representatives discipline-free period will only commence as of the City for the purpose date of resolving said grievance during duty hours. A reasonable amount of time ratification. 14.15 Bargaining unit employees will be allowed for investigation and preparation of grievances consistent to review their personnel file on their own time after setting up an appointment with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedureHuman Resources.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute between the parties as it relates to the terms of this agreement. A Grievance shall be handled in the following manner: (a) The grievance must be brought to the attention purpose of the Chief following grievance procedure shall be to settle, as quickly as possible, disputes concerning the interpretation, application, and enforcement of the express provisions of this Agreement. (b) The aggrieved employee shall take up the grievance with their immediate supervisor within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief occurrence or the individual in command in time the absence aggrieved party could reasonably have acquired knowledge of the Chief due event. The supervisor shall attempt to vacation or illness shall have five adjust the matter at that time. If the grievance is not settled during informal discussions within ten (510) days of its occurrence and the employee wishes to press the matter, within two (2) days he/she shall present it in which writing on the City/Association approved grievance form to answer their supervisor. The supervisor shall respond to the grievanceemployee in writing within three (3) days thereafter. (c) The aggrieved Party may appeal the decision in Step (b) If, after referral to the MayorAssociation's designee for Grievance Committee, the City. This must matter is to be done in writing pursued, within five (5) days after of the Chief has given his responsesupervisor's written reply, the employee shall submit their grievance in writing to their Commanding Officer who shall reply in writing within three (3) additional days. (d) The Mayor's designee will have seven If this procedure does not resolve the grievance, the employee shall present their grievance, in writing, to the Chief of Police within three (73) days of the Commanding Officer's reply. The Chief of Police shall arrange for such meetings and investigations as are necessary to enable him/her to respond in which writing to answer the aggrieved employee within ten (10) days from the receipt of said grievance. (e) Within five (5) days from receipt of the written response from the Chief of Police, the employee may present the grievance, in writing, to the Reno City Manager, accompanied by all correspondence on the matter. If the grievance has not been resolved after Step settled within ten (d)10) workdays of the date of submission to the City Manager, the Union may Association may, within five ten (510) days request binding arbitration as prescribed workdays of the date of the City Manager's decision, notify the City Manager in writing that it is submitting the Iowa Public Employment Relations Act. Arbitration costs grievance to arbitration. (f) Within ten (10) workdays of receipt by the City Manager of notification of submission to arbitration, an arbitrator shall be shared equally by the parties. The City and the Union, selected by mutual agreement, may request mediation to help bring resolution to or by alternately striking names from the grievancelist of arbitrators attached hereto as Appendix A of this Agreement. If mediation is agreed upon, The Association shall strike the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessionfirst name. (fg) The arbitrator shall not have authority to modify, amend, alter, add to or subtract from any of the provisions of this Agreement. (h) The proceedings shall be conducted in accordance with the American Arbitration Association's Voluntary Rules of Arbitration. (i) The decision of the arbitrator shall be final and binding on all parties concerned so long as the award does not cost the City an amount in excess of twenty-five thousand dollars ($25,000.00) per grievance. In the event the arbitrator's award would cost the City in excess of twenty-five thousand dollars ($25,000.00) per grievance, the arbitrator's decision shall be advisory only to the City Manager, who shall make the final decision. (j) The costs of arbitration shall be borne as follows; (1) The expenses, wages and other compensation of any witness called before the arbitrator shall be borne by the party calling such witness. Other expenses incurred such as professional services, consultation, preparation of briefs and data to be presented to the arbitrator shall be borne separately by the party incurring the expense. (2) The arbitrator's fees, expenses, and the cost of any hearing room shall be borne by the losing party to the arbitration. The arbitrator will be requested to specify the payer of costs. (3) If a court reporter is requested by either party or the arbitrator, the arbitrator will determine payment of the costs of the reporter and transcripts. (k) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidayspreceding sections may be extended by agreement of both parties. A day is considered in this Article to be a workday (Monday through Friday excluding any holiday). (gI) Each party The Association shall provide the City with the names of the three members of the Association's Grievance Committee and, should they be replaced, keep the City informed of their successors. If he/she so wishes, an aggrieved employee may ask for an extension be accompanied by one (1) member of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed Association's Grievance Committee at any and each party will make every effort to settle the grievance equitably at each step. Members stage of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure, subsequent to the informal discussion with their supervisor. If he/she wishes, the aggrieved employee may present their grievance while on duty.

Appears in 1 contract

Sources: Labor Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute between 7.01 It is the mutual desire of the parties hereto that complaints and grievances of the CNIB or of employees will be adjusted as quickly as possible, and it relates is understood that an employee has no grievance unless the complaint or grievance has been discussed with the employee's immediate supervisor. 7.02 Failing settlement of the complaint or grievance in a verbal discussion, the employee may submit a written grievance to the terms department head (registered blind grievors may submit the grievance in Braille) and, at the employee's option, may be accompanied by the ▇▇▇▇▇▇▇. Such written statement of this agreement. A Grievance shall be handled in the following manner: (a) The grievance must be brought to signed by the attention of the Chief employee and must be submitted within five (5) working days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence occurrence of the Chief due event which gave rise to vacation or illness the grievance. The department head shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done grievance in writing within five (5) days after the Chief has given his responseworking days. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If 7.03 Failing settlement of the grievance has not been resolved after Step (d)as set out in Section 7.02, the employee, or the Union on the employee's behalf, may present the written grievance to the Director, Human Resources of CNIB within five (5) working days request binding arbitration as prescribed in of receiving the Iowa Public Employment Relations ActDepartment Head's answer. Arbitration costs The Director, Human Resources of CNIB will convene a meeting for the parties to consider the grievance, and the parties may be represented by outside representatives or by other members of management if required. A Union staff representative may be present at all such meetings if requested by either party. The parties agree that no more than two (2) Union stewards together with a Union staff representative and the grievor shall be shared equally by present at such meetings, unless agreed otherwise. 7.04 Mediation — Prior to proceeding to Arbitration, the partiesparties may mutually agree to take the matter in dispute to mediation. The City mediation process and any settlement reached shall be without prejudice to either party. The parties agree that legal counsel shall not be used in mediation and that the Unioncost of the mediator will be shared. If no settlement is reached at mediation, by mutual agreementthen either party may forward the matter in dispute to Arbitration as provided in Article 10. 7.05 Failing satisfactory settlement of the grievances at or following the meeting, either party may request mediation refer the matter to help bring resolution arbitration within ten (10) working days of the date of the meeting as set out above, or within ten (10) working days of the reply to the grievance. If mediation is agreed upon, the City and the Union grievance which shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of be made not more than sixty five (605) working days following the meeting, or within ten (10) working days following completion of mediation. 7.06 Time limits in Article 7, 8, 9 and 10 may be extended or waived by mutual written agreement. Working days, after the neutral has been selected. The time limits hereinabove are to be strictly construed exclude Saturdays, Sundays and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedureholidays.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. Section 113.1 All questions, disputes, and controversies arising under this Agreement, or any supplement hereto, shall be adjusted and settled within the terms and conditions set forth in this Agreement, in the manner provided in this Article, unless otherwise expressly provided in this Agreement. The term Grievance procedure for such adjustment and settlements shall mean be as follows: All Policy Grievances and Terminations shall not be subject to Steps 1 and 2 and shall immediately be moved to Step 3. All timelines referenced below may be extended by mutual agreement of the Parties. Time limit to institute a dispute between grievance: • Five (5) business days • Fourteen (14) business days in the parties as it relates case of payroll errors The written grievance shall state the specific nature of the occurrence giving rise to the terms grievance, the Sections of this agreementthe Agreement claimed to have been violated, and relief sought. A Grievance Failing to agree upon a neutral Arbitrator, the Labour Relations Board will be requested to appoint a neutral Arbitrator. The Arbitrator’s decision will be final and binding. The cost of the Arbitrator will be borne equally by the Union and the Company. 13.2 If the Company or Union desires to submit a grievance, it will do so in writing directed to the other party. Notice of the grievance shall be handled in the following manner: (a) The grievance must be brought mailed or emailed to the attention other party within five (5) business days of knowledge of the Chief event upon which the grievance is based. The notice of grievance shall state the specific nature of the occurrence giving rise to the grievance, the Section or Sections of the Agreement claimed to have been violated, and relief sought. The Union shall meet with the Company within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence receipt of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the notice of grievance. If mediation no satisfactory solution is reached at this meeting, then the grievance may be referred as hereinbefore provided. It is agreed upon, that the City Company and the Union shall attempt to agree may extend these timelines upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessionmutual agreement. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. Section 1. 7.01 The term Grievance shall mean Employer, the Union or any employee may present a dispute between complaint under this Agreement at any time, dealing with any matter arising out of the parties as it relates to the terms application, interpretation or alleged violation of this agreementAgreement. A Grievance shall be handled in the following manner: (a) The grievance This complaint must be brought to the attention of the Chief responding party within five thirty (530) business days of the event giving rise to the complaint or the knowledge thereof. The parties agree that it is in their mutual interest to settle complaints and grievances at the earliest possible stage. The parties further agree to give serious attention to disputes and to explore innovative solutions to resolve disputes prior to grievances being filed. 7.02 Where a complaint or dispute has been raised by the Union or the Employer, either of the parties may request to have the matter discussed in joint committee. While the joint committee is seized of such a matter, the time limit set out in Article 7.01 above is deemed to be suspended. At any point during the joint committee process, either of the parties may file a grievance in writing. A written grievance shall provide sufficient particulars to allow the responding party to fully understand the allegations being made. 7.03 The Union shall designate a grievance committee of its own choosing. 7.04 The Employer agrees to meet with the committee within ten (10) working days after request for such meeting. Efforts to resolve grievances shall be made on the Employer’s time. 7.05 If any matter is not satisfactorily settled, the parties shall jointly select an arbitrator within fifteen (15) days of its alleged occurrenceand put the issue to final and binding arbitration. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d)parties are unable to agree on an arbitrator, the Union may within five (5) days parties shall request binding the Minister of Labour appoint an arbitrator. The costs of such arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared borne equally by the parties. , except that no party shall be obligated to pay any part of the cost of a stenographic transcript without express consent. 7.06 The City Union and the Union, Employer recognize that their relationship is a collective bargaining relationship exclusively and the Union and the Employer agree that all disputes between the parties during the term of this contract shall be resolved exclusively by the procedures set forth in this Article. 7.07 Time limits provided in this Article may be extended by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. Section 1There shall be established a Canadian Joint Conference Board (see Article XVI) that shall have oversight of the following Grievance Procedure. The term Grievance All disputes and controversies as to the meaning, interpretation, application or alleged violation of any provision of this Agreement shall mean be treated as a dispute between grievance and be disposed of as set forth herein, provided, however that in no event shall a local agreement, settlement, understanding or adjustment at the parties as it relates local level be deemed to change, alter, modify or amend the terms or intent of this Agreement. Any provision in a local Agreement contrary to, or in conflict with the terms of this agreementAgreement shall not be enforced as to any Employers and employees subject to this Agreement. Any arbitration award or settlement under the terms of the local Agreement, or any other settlement, understanding or adjustment contrary to or in conflict with the terms and intent of this article is subject to the foregoing. Step 1. A Grievance grievance shall be handled filed, in writing, by either party within ten (10) working days of the following manner:circumstances giving rise to the grievance, a copy of which must be sent to the CPFA office, and an effort shall be made by the representatives of the Union and the Employer to resolve it within a period of ten (10) working days from the filing of the grievance. Step 2. Failing Settlement in Step 1: An International Representative of the United Association and an Employer Representative shall meet within a period of ten (10) working days thereafter for the purpose of attempting to settle the grievance. Failing settlement in Step 2, the grievance may be advanced to Step 3. Step 3. The grievance may be presented as a request for arbitration by filing it together with a statement of the grievance, or matter to be arbitrated, the dates upon which it occurred, full particulars of the claim, the parties involved and the remedy requested with the Canadian Joint Conference Board. A copy of such written request shall be served by the Chairman of the Board upon the United Association and the Employer or Employers involved and upon the Canadian Pipe Fabricators Association. Thereafter, (a) The grievance must be brought to If, within ten (10) working days after the attention date upon which the notice has been served, neither of the Chief within five (5Union or the Employer(s) days involved in the grievance serve a written notice upon the Chairman that the grievance be submitted directly to an impartial arbitrator in lieu of its alleged occurrence. This may be done either orally or a hearing before the Canadian Joint Conference Board as set forth in written form. Written grievances would be preferred.Step 4, or (b) The Chief If, within ten (10) working days of the date the Chairman was served notice as aforesaid, either of the United Association or the individual in command Employer(s) involved in the absence grievance serves a written notice upon the Chairman that it desires the grievance to be submitted directly to an impartial arbitrator in lieu of a hearing before the Canadian Joint Conference Board, the Chairman shall notify the party and the grievance shall then proceed to Step 5, below. Step 4. The Chairman of the Chief due to vacation Canadian Joint Conference Board shall set the matter for an arbitration hearing in Toronto, or illness such other place as the Board may determine, on a date not later than fourteen (14) days, unless a later date is mutually agreed upon, after the expiration of the time period of Step 3. Notice of time and date of such hearing shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) be given to the Mayor's designee for Union and to the CityEmployer or Employers involved to appear and to be heard. This must be done in writing The Canadian Joint Conference Board shall render a decision within five thirty (530) working days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer close of the grievance. (e) If arbitration hearing. Any decision rendered by the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs Canadian Joint Conference Board shall be shared equally by the final and binding on all parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties canCanadian Joint Conference Board is unable to reach and does not agree upon render a mediator, they shall request that PERB appoint a mediator. If the issue(sdecision within thirty (30) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar working days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members close of the Grievance Committee may meet with hearing, or if the representatives Board notifies the parties that it is deadlocked, within a period of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.thirty

Appears in 1 contract

Sources: Commercial Manufacturing and Pipe Fabrication Agreement

GRIEVANCE PROCEDURE. Section 14.1 Only matters involving the discharge or discipline of employees or involving the questions whether the Town is complyingwith its express obligations under this Agreementshall constitute grievancesunder this Article. The term Grievance shall mean a dispute between the parties as it relates to the terms first 6 months of this agreement. A Grievance employment shall be handled a probationary period during which there shall be no right to grieve concerning the discharge or discipline of an employee. Grievances shall be submitted in writing and shall be processed in the following manner: (: Between the Union Steward, with or without the aggrieved employee, a) The grievance must be brought to the attention ▇▇ ▇▇▇ Executive Secretary of the Chief Town Council or their designated representative within five (5) 14 calendar days of its alleged the occurrence or failure of occurrence. This , whichever may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence case, of the Chief due to vacation or illness shall have five (5) days in incident upon which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the Citygrievance is based. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has is not been resolved after Step (d)settled within 14 calendar days the grievance may be referred to arbitration as provided in section 4.3, within 30 calendar days of the expiration of the 14 calendar days. 4.2 The time limits set forth herein may be extended in any particular case by the written agreement of the parties. The Union Steward may be accompanied at any step of the grie▇▇▇▇▇ ▇rocedure by a representative of the Union who is not an employee. 4.3 Grievances not settled in the steps of the grievance procedure may be referred to an arbitrator or an arbitration tribunal agreed upon by the parties. The word "arbitrator" as used in this Article shall be construed to include any arbitration/tribunal. If the parties are unable to agree upon an arbitrator, the Union may within five (5) days request binding arbitration as prescribed in arbitrator shall be designated by the Iowa Public Employment Relations Act. American Arbitration costs Association under its procedures; the fees and expenses of the arbitrator shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party shall bear the expenses of its own representatives and witnesses. 4.4 The arbitrator hereunder shall be without power to alter, amend, add to or detract from the language of this Agreement or to hold ex parte hearings. The decision of the arbitrator shall be final and binding upon the parties to the extent permitted by law. The arbitrator shall submit their decision in writing. 4.5 Union Stewards will make every effort be given reasonable time off to settle investigate grievances. 4.6 The standard of discipline and discharge shall be just cause. To the extent permitted by law the grievance equitably at each stepand arbitration provisions of this Agreement shall be the exclusive method of resolution of disputes involving discipline and discharge. Members Notice of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion any discharge or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of sent to the Code of Iowa only and shall not proceed under the grievance procedureUnion Steward within five (5) calendar days.

Appears in 1 contract

Sources: Clerical Agreement

GRIEVANCE PROCEDURE. Section 15.01 The Parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. 5.02 No grievance shall be considered where the circumstances giving rise to it were known or ought to have been known more than five (5) full working days before the filing of the grievance. 5.03 Grievances properly arising under this Agreement shall be adjusted as follows: The aggrieved employee shall present his grievance orally or in writing to his supervisor (not on astandard grievance form). Heshall have the assistance of his ▇▇▇▇▇▇▇ if he so desires. If a settlement satisfactory to the employee concerned in not reached within forty-eight (48) hours, the grievance may be presented asfollows at anytime within forty-eight (48) hoursthereafter. The term Grievance aggrieved employee with hisSteward may present his grievance (which shall mean be reduced to writing on a dispute between form supplied by the parties as it relates Union and approved by the Company) to the terms of this agreement. A Grievance Plant Manager, who shall be handled consider it in the following manner: (a) The grievance must be brought presence of the person or persons presenting same and the ▇▇▇▇▇▇▇ and render his decision in writing. Should no settlement satisfactory to the attention employee be reached within forty-eight (48) hours, the next step inthe grievance procedure may be taken at any time within forty-eight (48) hours thereafter . Step No.3 The aggrieved employee may submit his grievance in writing to the Grievance Committee. The Committee shall consist of the Chief one Union Rep and one Company Rep. The Committee shall meet within five (5) working days with the management to consider the grievance. Such meetings shall be arranged at a time and place agreed upon by both Parties and to be arranged to avoid interference with regular work. At this stage, a representative of its alleged occurrence. This the International Organization may be done present if his presence is requested by either orally or in written form. Written grievances would be preferredParty. (b) The Chief or the individual in command in the absence 5.04 If final settlement of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing grievance is not completed within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) working days in which to answer after deliberations havecommenced and ifthe grievance isonewhich concerns the grievanceinterpretation or alleged violation of this Agreement, the grievance may be referred byeither Partytoa Board of Arbitration as provided inArticle VI belowat any time within twenty-one (21) days thereafter, but not later. (e) If the grievance has 5.05 Verbal and written warnings shall not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask remain on an employee’s record for an extension of not more than sixty twelve (6012) days, after the neutral months if a discipline-free period has been selectedmaintained since the last disciplinary measure. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and Suspensions shall not proceed under remain on an employee’s record for more than eighteen (18) months if a discipline-free period has been maintained since the grievance procedurelast disciplinary measure.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. Section 1Article - 15 - Arbitration Procedure Clause - 20.9 - Recognition of Management Functions FAIRMONT CHÂTEAU LAURIER CANADIAN AUTOMOBILE, AEROSPACE TRANSPORTATION AND GENERAL WORKERS, UNION OF CANADA (CAW-CANADA) LOCAL 4270 The Company agrees not to enter into any agreement or contract with unionized employees, individually or collectively, which is in any way contrary to the terms and provisions of this Agreement, unless mutually agreed in writing between the Director, Human Resources, and the Local Chairperson. Any such Memorandum/Letter of Agreement, Letter of Understanding/Intent or verbal agreements agreed to prior to the signing of this Collective Agreement and not included in this Agreement will be considered null and void. Signed at Ottawa, Ontario this day of 2005. For: For: THE COMPANY: THE UNION: (General Manager) (National Representative) FAIRMONT CHÂTEAU LAURIER CANADIAN AUTOMOBILE, AEROSPACE TRANSPORTATION AND GENERAL WORKERS, UNION OF CANADA (CAW-CANADA) LOCAL 4270 The term Grievance shall mean a dispute parties herein agree that, notwithstanding the provisions contained in clause 5.4 of the Agreement and provided that an agreement has been reached between the parties signatory to this Agreement for each department it will be permissible to change regularly assigned days off from week to week in order to maximize the regular hours of work that an employee may be required to work within said work week. It is agreed that the provision of clause 5.4 shall not apply as it relates long as said letter is in effect. It is furthermore agreed that, once a Letter of Agreement has been signed by both parties, said letter may only be cancelled by having one party serving a written notice of thirty (30) calendar days to the terms other party. Signed at Ottawa, Ontario this day of this 2005. For: For: THE COMPANY: THE UNION: (General Manager) (National Representative) LEGACY HOTELS CORPORATION (FAIRMONT CHÂTEAU LAURIER) CANADIAN AUTOMOBILE, AEROSPACE TRANSPORTATION AND GENERAL WORKERS, UNION OF CANADA (CAW-CANADA) LOCAL 4270 MAXIMIZATION OF REGULAR HOURS OF WORK Both parties agree that, during a period of reduction in regular hours of work, and notwithstanding any provisions of the collective agreement. A Grievance shall be handled in , the following mannershall apply: (a) The grievance must be brought to the attention of the Chief within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute 22:01 Any difference arising between the parties as it relates to bound by this agreement concern- ing its interpretation, application, or any alleged violation thereof, including any differences arising from the terms dismissal or suspension of this agreement. A Grievance an employee, shall be handled finally and conclusively settled without stoppage of work as hereinafter pro- vided. 22:02 Employees shall be notified in the following manner: (a) The grievance must be brought to the attention writing of the Chief grounds for discipline or dis- charge. The Union shall receive a copy. 22:03 The employee involved, preferably with the Shop ▇▇▇▇▇▇▇, will first take up the matter with his ▇▇▇▇▇▇▇ or supervisor directly in charge of the work. Should the matter not be resolved within five (5) working days, the matter shall be referred within five (5) days of its alleged occurrence. This may be done either orally or as follows: 22:04 Failing resolution in written form. Written grievances would be preferred22:03, the Union representatives and the Employer’s rep- resentatives will discuss and, if possible, settle the matter. (b) The Chief or the individual 22:05 Failing resolution in command in the absence of the Chief due to vacation or illness shall have 22:04 above, within five (5) days working days, the grievance shall be set out in which writing by the grieving party, and referred to answer the grievanceother party and they shall forthwith confer upon the matter. 22:06 Failing resolution in 22:05 above, within seven (c7) working days, or such longer time as the parties agree to, then it shall be referred to an Arbitration Board of three (3) persons, as follows: 22:07 The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee party desiring arbitration shall appoint a member for the City. This must be done Board and notify the other party in writing of its appointment and particulars of the matter in dis- pute. 22:08 The party receiving the notice shall within five (5) days after thereafter appoint a member for the Chief has given his responseBoard and notify the other party of its appointment. 22:09 The two (d2) The Mayor's designee will have seven (7) days in which arbitrators so appointed shall confer to answer the grievance. (e) If the grievance has not been resolved after Step (d), the Union may within select a third person to be Chairman and failing for five (5) days request binding arbitration as from the appointment of the second of them to agree upon a person willing to act, either of them may apply to the Ministry of Labour to appoint a third party. Failing either party to make an appointment within the prescribed in five (5) days then the Iowa Public Employment Relations Act. party failing to appoint their nominee will automatically agree to have the Ministry of Labour appoint a one person Arbitrator. 22:10 The Arbitration costs Board shall sit, hear the parties, settle the terms of the ques- tion to be shared equally arbitrated, and make its award within ten (10) days from the date of the appointment of the Chairman, provided the time may be extended by agreement of the parties. The City Board shall deliver its award in writing to each of the parties, and the Union, by mutual agreement, may request mediation to help bring resolution to award of a majority of the grievance. If mediation is agreed upon, the City Board shall be final and the Union shall attempt to agree binding upon a mediator. If the parties cannot agree upon a mediator, and they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessioncarry it out forthwith. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean ‌ Any grievance, complaint, or dispute arising as a dispute between result of the parties as it relates to the terms of this agreement. A Grievance employee's employment shall be handled in the following manner: (a) 9.01 The employee shall report the grievance must be brought to the attention shop ▇▇▇▇▇▇▇ or such other Union representative as may be designated by the Union within twenty (20) working days of the Chief event giving rise to the grievance, or within five twenty (520) working days of its alleged occurrence. This may be done either orally the time any party knew, or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence had reason to know, of the Chief due to vacation or illness shall have five (5) days in which to answer existence of the grievance. 9.02 If the employee/shop ▇▇▇▇▇▇▇ and the Supervisor of Transportation are unable to resolve the grievance within ten (c10) The aggrieved Party may appeal working days, the decision Union shall submit the grievance in Step (b) writing to the Mayor's designee for Director of Transportation Services. Such written grievance shall set forth the City. This must be done circumstances from which the grievance arose as well as any Sections of the Collective Bargaining Agreement which the Union deems to have been violated. 9.03 If the Director of Transportation Services and the Union representative are unable to resolve the grievance within ten (10) working days, the Union may request in writing that the Director of Labor Relations review the grievance. 9.04 If the Director of Labor Relations and the Union representative are unable to resolve the grievance within five ten (510) working days, the Union or District may refer the grievance to arbitration within fifteen (15) calendar days after the Chief has given his response. written decision of the Director of Labor Relations. The arbitration will be scheduled to commence within thirty (d30) The Mayor's designee days from receipt of the request by the Union or the District to proceed to arbitration. To insure the time constraints in this procedure are met, the Union shall request a list of fifteen (15) arbitrators from the Federal Mediation and Conciliation Service (FMCS). Through an alternate striking method with the District, there will have be seven (7) days arbitrators remaining who will be utilized to hear all grievances during the length of this Agreement. Cases will be assigned to the seven (7) arbitrators, in which alphabetical order of their last name, on a rotational basis. If an arbitrator is unavailable to answer hear an arbitration the grievance. next arbitrator, in rotation, will be utilized and the rotation will continue from the replacement. The cost of selecting the seven (e7) If the grievance has not been resolved after Step (d), arbitrators shall be borne equally by both the Union may within five (5) days request binding and the District. The selection of the arbitrator and the conduct of any arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs hearing shall be shared in accordance with the labor arbitration rules of the Federal Mediation and Conciliation Service. The fees and expenses of the arbitrator shall be borne equally by the parties. The City District and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City The arbitrator’s decision shall be rendered in writing and the Union shall attempt to agree upon a mediator. If be final and binding on the parties canand on any affected bargaining unit employee(s). It shall be issued not agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(smore than thirty (30) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessionclose of the hearing or filing of briefs, whichever is later. (f) 9.05 The parties may extend the time limits specified set forth in the grievance procedure shall exclude Saturdays and Sundays and observed holidaysthis Article by mutual agreement. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1A grievance shall be defined as a violation, or alleged violation, or question or interpretation, of this Collective Agreement. The term Grievance An employee having a grievance as defined above shall mean a dispute between discuss the parties as it relates matter with the employee’s immediate supervisor within fifteen (15) working days of the time the employee was made aware of any alleged infraction or omission. If the employee and the employee’s immediate Supervisor are unable to settle the grievance, such employee will, within four (4) working days; submit such grievance in writing, sign it, and with the employee’s ▇▇▇▇▇▇▇ will refer the matter to the terms Human Resources Staff or a designate, in an effort to settle the dispute. due consideration, the Human Resources Officer Staff shall, within four (4) working days, give a written reply. If the reply of this agreement. A Grievance shall be handled in the following manner: (a) The grievance must be brought Human Resources Officer Staff is not satisfactory to the attention employee, a grievance arising out of Jurisdictional Groups A, B or C may be referred to the Chief Superintendent of Operations within five (5) working days of its alleged occurrencereceiving the reply the Human Resources Staff. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have Within five (5) working days after the grievance has been referred, the Superintendent of Operations or a designate, will meet with the Grievance Committee of the Union. The Grievance Committee shall be composed of the Local Union President, Chief ▇▇▇▇▇▇▇ together with the ▇▇▇▇▇▇▇ for the area in which to answer the grievance. (c) works. A National Representative and the will be present at this meeting if their presence is requested by either Party. The aggrieved Party may appeal the decision in Step (b) Superintendent of Operations or a designate will give a written reply to the Mayor's designee for the City. This must be done in writing grievance within five (5) working days after the Chief has given his responsethese discussions have been concluded. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (ea) If the grievance has reply of the Superintendent of Operations is not been resolved after Step (d), satisfactory to the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and employee the Union, or the Board, may, within sixty (60) calendar days, refer the grievance to a sole Arbitrator. The sole Arbitrator shall be selected by mutual agreement. The Arbitrator shall not have any right to alter, amend or modify any terms of this Agreement, nor to make any decision inconsistent with the provisions thereof, The Employer and the Union will each be responsible to pay one-half of the fees and expenses of the sole Arbitrator. In computing the time allowances set out in the grievance procedure, weekends and holidays will not be taken into consideration. Further, any of the said time allowances may be extended by mutual agreement and also by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in any steps of the grievance procedure shall exclude Saturdays may be Grievances which are not processed according to the foregoing procedures and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission set forth shall be handled in accordance with Chapter 400 of deemed to have been dropped by the Code of Iowa only and shall not proceed under Party instituting the grievance proceduregrievance.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute between the parties as it relates 8.01 Subject to the terms of this agreement. A Grievance Clauses 8.03 and 8.07, grievances shall be handled processed in the following manner: : With the exception of dismissal due to unsuitability or incompetence, as assessed by the Employer, of a probationary employee or a part-time or temporary employee with less than six (a6) The grievance must be brought months' service and subject to Clauses 8.03 and 8.07, an employee who alleges that they have a grievance, shall first present the attention of the Chief matter to their immediate supervisor through their Shop ▇▇▇▇▇▇▇ within five (5) days of its the occurrence or discovery of the incident giving rise to the alleged occurrencegrievance. This In cases where an employee's immediate supervisor is their permanent head, the grievance may be done either orally or in written formsubmitted immediately at Step 3. Written grievances would be preferred. (b) The Chief or If the individual in command in the absence of the Chief due employee fails to vacation or illness shall have receive a satisfactory answer within five (5) days of presenting the matter under Step 1, they may, within five (5) days present a grievance in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) writing to the Mayor's designee for second managerial level designated by the Citypermanent head who will give the grievor a dated receipt. This must be done in writing In instances where there is no second level of management other than the permanent head, the employee may submit their grievance at Step 3 within the prescribed time limits. If the employee fails to receive a satisfactory answer to their grievance within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If filing of the grievance has not been resolved after at Step (d)2, the Union may they may, within a further five (5) days request binding arbitration as prescribed submit their grievance in writing to the Iowa Public Employment Relations Actpermanent head who, for the purpose of investigating the grievance, shall form a committee consisting of four (4) persons, comprising an equal number of Employer and Union representatives. Arbitration costs One of the Employer's representatives shall chair the meeting(s). The committee shall be shared equally by entitled to interview such persons as it deems necessary for the parties. The City investigation of the grievance and shall give its decision in writing to the Union, by mutual agreement, may request mediation to help bring resolution to grievor within ten (10) days of receipt of the grievance. If mediation is agreed upon, The committee's report shall consist of the City and joint decision of the Union shall attempt committee where the committee members agree to agree upon a mediatorsolution. If the parties canmatter is not agree upon mutually resolved by the committee, then the Employer's representatives will send their position, along with a mediatorbrief summary of the committee's deliberations, they shall request that PERB appoint to the grievor, with a mediator. copy being sent to the Union. 8.02 If the issue(s) are grievance is still not resolved satisfactorily settled by the foregoing procedure or if it is of the type referred to both parties satisfaction in mediation Clause 8.03, either party to this Agreement may submit the grievance to arbitration in accordance with Article 9. 8.03 In the case of dismissals and suspensions pending dismissal, the grievance may be submitted in the first instance at Step 3 of Clause 8.01. 8.04 At all Steps of the grievance procedure the replies to grievances will be in writing and dated receipts of grievances will be given. 8.05 A full time representative of the Union shall request binding arbitration within fourteen calendar days after may be called in by the mediation sessionemployee(s) at any step of the grievance procedure. (f) 8.06 The time limits specified in this Article may be extended, in writing, by mutual agreement of the parties. 8.07 Employees shall have the right to grieve against suspensions and alleged unfair treatment on promotion and transfer, and such grievances may be submitted in the first instance at Step 3. 8.08 The settlement of a grievance without reference to arbitration shall be applied retroactively to the date of the occurrence of the action or situation which gave rise to the grievance, unless the settlement states otherwise. 8.09 Where the Union has a grievance involving a question of general application or interpretation of the Agreement, or where a group of employees has a grievance, the grievance procedure shall exclude Saturdays and Sundays and observed holidaysmay in the first instance be submitted at Step 3 of Clause 8.01. (g) Each party may ask for an extension 8.10 An employee who is a member of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each stepcommittee referred to under Step 3 of Clause 8.01, or the grievor, shall not suffer any loss in pay for any time lost in processing complaints or attending grievance meetings. Members of the Grievance Committee may meet with the representatives of the City However, such an employee shall not leave their regular duties for the purpose of resolving said grievance during duty hours. A reasonable amount conducting business on behalf of time will be allowed for investigation and preparation the Union or to discuss any business in respect of grievances consistent with the public safetywithout first obtaining permission from their permanent head. Grievances relating The employee will notify their immediate supervisor when returning to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission duty. 8.11 No grievance shall be handled defeated or denied by any technical objection occasioned by a clerical or typographical error, or by the inadvertent omission of a step in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure. 8.12 The Association and its representatives shall have the right to originate a grievance on behalf of an employee or group of employees and to seek adjustment with the Employer in the manner provided in the grievance procedure. Such grievance shall commence at Step 3. 8.13 Where an employee grieves against a suspension which is subsequently changed to dismissal, any arbitration board appointed to deal with the grievance shall have jurisdiction to deal with the dismissal. 8.14 The employee concerned may be present at any step of the Grievance Procedure. Employees concerned shall suffer no loss of pay for time spent in the Grievance Procedure. 8.15 At any stage of the Grievance and Arbitration Procedure parties may have the assistance of the aggrieved employee as witness and any other witnesses. Bargaining unit members shall not lose any pay or benefits while involved with the Grievance or Arbitration Procedure. All reasonable arrangements will be made to permit the conferring parties or Arbitrators to have access to view any working conditions which may be relevant to the settlement of the grievance.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute between the parties 28.01 All disputes or controversies arising as it relates to the terms meaning or interpretation of any provision of this agreement. A Grievance Agreement and all matters relating to violation of this Agreement shall be handled commenced within forty-five (45) days of occurrence of knowledge of said dispute or violation. This dispute or violation shall be disposed of in accordance with the following mannerprocedure: (aA) The Any such grievance must shall be brought to first adjusted between the attention grieved Employee and the Employee’s immediate superior and, if not settled within twenty-four (24) working hours; (B) Between the grieved Employee and the Employee’s superintendent and, if not settled within twenty- four (24) working hours; (C) Between a representative of the Chief Union and the Employer and, if not settled within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer days; If the grievancegrievance is for delinquencies, only then the delinquent contractor shall pay all costs for the arbitrators expenses. (eD) It shall be submitted in writing to a Labour Management Committee formed of three (3) members representing the Canadian Automatic Sprinkler Association and three (3) members representing the Local Union, comprised of at least one journeyman of the Union and, if not settled within seven (7) day; (If settlement is reached by the Labour Management Committee described above, such settlement shall be final and binding on all parties and may not be taken to an Impartial Arbitrator as provided in step (E). (E) The grievance shall be submitted to an Impartial Arbitrator selected by the Canadian Automatic Sprinkler Association and the Local Union within seven (7) days; (F) If the grievance has not been resolved after Step (d)Canadian Automatic Sprinkler Association and the Local Union fail to agree on the selection of an impartial arbitrator, the Union may within five (5) days request binding arbitration as prescribed in Minister of Labour of the Iowa Public Employment Relations Act. Arbitration costs province where the grievance occurred shall be shared equally by recommend the parties. The City and appointment of the Union, by mutual agreement, may request mediation to help bring resolution Impartial Arbitrator. 28.02 A grievance not initiated or taken to the grievance. If mediation is agreed upon, next step within the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in this Agreement is deemed to be dropped. Time limits may be extended by mutual agreement of the grievance procedure shall exclude Saturdays Employer and Sundays and observed holidaysthe Local Union having jurisdiction. (g) Each party may ask for an extension of not more than sixty (60) days, after 28.03 The decision or the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission arbitrator shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.given within ten

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute between the parties as it relates to the terms of this agreement. A Grievance shall be handled in the following manner: (a) The grievance must be brought to the attention of the Chief within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) 60 days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 8.1 The Corporation will recognize a "Union Committee" of two (2) employees and the Business Manager, or the Assistant Manager of the Union as an alternate to the Business Manager, as a Grievance Committee to deal with all grievances up to Step three (3) in the Grievance Procedure. The Corporation shall not recognize such Committee, or any member of such Committee, until notified of the Committee's membership by Registered Mail. 8.2 It is recognized that a grievance can be settled quickest and easiest between the regular employee or group of regular employees and his or their immediate supervisor. It is incumbent therefore that a regular employee(s) who feels that he has a reasonable complaint, shall first approach his immediate supervisor with a view to settling the difference(s) in an informal manner. 8.3 All written grievances referred to in this article shall include, as a minimum, a statement of the following: 1. The term grievance 2. The part of the agreement violated. 3. The redress sought 8.4 Step 1 - Any regular employee or group of regular employees having a grievance and having completed 8.2, shall make it known to the Grievance Committee and/or Chief ▇▇▇▇▇▇▇ or Unit Chairperson who shall mean meet to consider the Union’s course of action on the matter. The Grievance Committee shall present the written grievance to the ▇▇▇▇▇▇▇ or Superintendent within five (5) working days of the incident giving rise to the grievance, or five (5) days after return to work of the party having the grievance, and the ▇▇▇▇▇▇▇ will then have five (5) working days following receipt of the grievance in which to render his answer in writing. 8.5 Step 2 - Failing a dispute between satisfactory settlement at Step 1, the Grievance Committee may take the grievance, in its original written form within five (5) working days, to the President who shall have five (5) working days in which to render a decision. 8.6 Step 3 - Each of the parties as it relates hereto agrees that any dispute or grievance, which has been carried through all Steps of the Grievance Procedure, which shall include a problem solving meeting of the Grievance Committee with appropriate Management personnel, and has not been settled to the terms mutual satisfaction of this agreementthe parties hereto, will be referred to a Board of Arbitration. 8.7 The party requesting the Board of Arbitration shall notify the other party in writing, and at the same time will nominate its appointee to the Board of Arbitration. A Grievance This action shall be handled in taken within five (5) working days of the following manner: decision of the President under Step two (a2). Within five (5) The grievance must be brought days thereafter, the party receiving the request will nominate its appointee to the attention Board of the Chief Arbitration. The two appointees, so selected, shall within five (5) days of its alleged occurrencethe appointment of the second (2nd) of them, appoint a third (3rd) person who shall be the Chairman. This The parties may be done either orally or by mutual agreement substitute a sole arbitrator in written form. Written grievances would be preferredplace of an arbitration board. (b) The Chief 8.8 If the time limits imposed herein on the employee or to the individual in command Union are breached, a grievance shall be deemed to have been abandoned. If a failure to reply within the time limits by the Corporation takes place, the grievance shall be automatically processed to the next step in the absence of Grievance Procedure, or to arbitration, as the Chief due to vacation or illness shall have five (5) days in which to answer the grievancecase may be. (c) The aggrieved Party may appeal 8.9 If the decision in Step (b) party receiving the request for arbitration fails to the Mayor's designee for the City. This must be done in writing appoint its arbitrator within five (5) days after days, or if the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which two arbitrators fail to answer the grievance. (e) If the grievance has not been resolved after Step (d), the Union may agree on a third person to act as Chairman within five (5) days request binding arbitration as prescribed in days, the Iowa Public Employment Relations Act. Arbitration costs appointment shall be shared equally made by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessionOntario Ministry of Labour. (f) The time limits specified in the grievance procedure 8.10 No person shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for be appointed as an extension of not more than sixty (60) days, after the neutral arbitrator who has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort involved in any attempt to settle the grievance equitably at each step. Members being arbitrated. 8.11 The arbitrators or the Arbitration Board shall not have any power to alter or change any of the Grievance Committee may meet provisions of this agreement, or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the representatives terms and provisions of this agreement. 8.12 The Arbitration Board shall issue a decision and the decision is final and binding upon the parties and upon any employee(s) affected by it. The decision of the City for majority is the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction decision of the Civil Service Commission shall be handled in accordance with Chapter 400 Arbitration Board, and if there is no majority, the decision of the Code Chairman governs. 8.13 Each of Iowa only the parties hereto will bear the expenses of the arbitrator it selects, and shall not proceed under the grievance procedureparties jointly will bear the expense and remuneration of the Chairman of the Board of Arbitration. 8.14 It is understood that the time limits as provided herein may be extended by mutual agreement of the parties.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute 27.01 Any difference concerning the interpretation, application, operation, or any alleged violation of the Agreement or any question as to whether any difference is arbitrable arises between the parties as it relates to Employer and a member of the terms of this agreement. A Grievance Union shall be handled in dealt with as follows without stoppage of work or refusal to perform work. 27.02 The person or party who feels there is a difference shall meet and discuss with the following manner: other party the difference, within ten (a10) The grievance must be brought to the attention working days of the Chief occurrence or first awareness of the difference and endeavor to resolve the difference. 27.03 If the difference remains unresolved at the end of the above mentioned ten (10) working days or if any involved person or party concerning the difference is not satisfied with the disposition of a resolve, an employee shall immediately, refer the matter to Local Union No. 8, if not already involved and the Employer may refer the matter to his authorized bargaining representative. 27.04 If the difference continues to remain unresolved, the unsatisfied party shall, within ten 27.05 The recipient of the notice shall, within five (5) working days of the receipt of the notice, inform the other party of its alleged occurrenceappointee of the Arbitration Board. This The two (2) appointees shall, within five (5) working days from the date of notification of the second appointee, appoint a third person who shall be chairman of the Arbitration Board. If the two (2) Arbitration Board appointees fail to agree upon or appoint a Chairman, within the time limit, the two (2) appointees shall, immediately upon the expiry of the time limit, request the Minister of Labour to appoint a Chairman to the Arbitration Board. 27.06 The Arbitration Board shall meet within ten (10) working days following the appointment of the Chairman and hear and determine the difference. Subsequent meetings of the Arbitration Board may be done either orally or scheduled, within reasonable time limits, if 27.07 The parties may mutually agree that the Arbitration shall be by way of a single arbitrator in written formaccordance with The Labour Relations Code, Province of Alberta. (a) Either party's appointee to the Arbitration Board shall not be a lawyer. Written grievances would Upon agreement from the other party this clause may be preferredwaived. (b) The Chief or Employer and the individual in command in Union agree that the absence cost of the Chief due Arbitrator or Arbitration Board shall be borne by the unsuccessful party, provided always, that the cost shall be limited to vacation the actual cost of the Arbitrator or illness shall have five Chairman of the Arbitration Board and the costs of each nominee to an Arbitration Board to a maximum of three hundred dollars (5$300.00) days in which to answer the grievanceper day for each nominee. (c) The aggrieved Party may appeal the decision in Step Notwithstanding Clause 28.08 (b) above, the Arbitrator or Arbitration Board may exercise his/its discretion, in an appropriate case, to rule that the Mayor's designee for cost of the City. This must be done in writing within five (5) days after the Chief has given his responseArbitration Board or Arbitrator is shared equally. (d) The Mayor's designee will have seven (7) days 27.09 Jurisdictional Disputes which arise shall not be processed through the Grievance Procedure, but shall be settled in which to answer the grievanceaccordance with Article 9. (e) If 27.10 In the grievance has not been resolved after Step (d)case of a dispute involving la te remittances in respect of any of the funds provided for in Article 6 and Article 27, the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. proceed directly to Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 the procedures specified in this Article, provided the matter is submitted to Arbitration within thirty (30) calendars days of the Code of Iowa only and shall not proceed under the grievance proceduredate at which funds should have been contributed.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a) If a dispute difference arises between the parties as it relates City and one or more employees and/or the Union about the interpretation, application or alleged violation of this Agreement the difference must be settled by using the following procedure. b) Within twenty one (21) days of the time when the employee(s) or the Union first becomes aware or should reasonably have become aware that a difference has arisen the Union may refer a grievance to the terms of this agreementGeneral Manager with a copy to the Labour Relations Branch. A Grievance shall be handled in This does not preclude the following manner:parties from having discussions to resolve the matter prior to the General Manager level hearing. (a1) The grievance must be brought state in writing the particulars of the grievance and the redress sought. 2) The Union cannot refer the difference to the attention of grievance procedure if the Chief difference is not raised up within five twenty-one (521) days of its alleged occurrence. This may be done either orally the time when the employee(s) or in written form. Written grievances would be preferredthe Union first became aware or should have become aware that a difference has arisen. (bc) The Chief General Manager or the individual in command in General Manager’s designee (hereinafter ‘General Manager’) will hear the absence of the Chief due to vacation or illness shall have five grievance within fifteen (515) days in which to answer after the Union refers the grievance. (cd) The aggrieved Party may appeal the General Manager will make a decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer hearing the grievance. (e) If The Union may refer the grievance has to the City Manager 1) within ten (10) days of the General Manager’s decision if the grievance is not been resolved at Step One, or 2) if the General Manager fails to hear the grievance or fails to make a decision within the time limits. f) The City Manager or the City Manager’s designee (hereinafter ‘City Manager’) will hear the grievance within fifteen (15) days after Step (d), the Union may refers the grievance. g) The City Manager will make a decision within five (5) days request binding arbitration as prescribed in after hearing the Iowa Public Employment Relations Actgrievance. h) The Union may refer the grievance to an Arbitration Board 1) within forty-five (45) days of the City Manager’s decision if the grievance is not resolved at Step Two, or 2) if the City Manager fails to hear the grievance or fails to make a decision within the time limits. Arbitration costs If the grievance is not so referred it shall be shared equally by the parties. considered withdrawn. i) The City parties will each appoint one (1) member and the Union, by mutual agreement, may request mediation to help bring resolution will mutually appoint a chairperson to the grievance. If mediation Arbitration Board within ten (10) days after the grievance is agreed upon, the City and the Union shall attempt referred to agree upon a mediatoran Arbitration Board. If the parties cannot agree upon the appointment of a mediatorChairperson, they the Minister of Labour shall be requested to appoint the third (3rd) member and Chairperson of the Arbitration Board. j) The Arbitration Board must not change, add to, delete, or amend the provisions of this Collective Agreement. k) Either party may request that PERB appoint an extension to a mediatortime limit if the request is made before the time limit has expired and such request will not be unreasonably denied. If For the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen purpose of this article “days" means calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and not including Saturdays, Sundays and observed or public holidays. (gl) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives Failure of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction answer in any of the Civil Service Commission shall be handled above steps within the time limits will automatically move the grievance to the next step in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean 15.01 Unless otherwise provided for in this Agreement, every subject of joint discussion will first be taken up by the Union and the Company in accordance with the procedures provided for in this Agreement, and every effort will be made by the Parties to reach a dispute between the parties mutually satisfactory agreement as quickly as possible. 15.02 If an employee wishes to have a complaint taken up, it relates to the terms of this agreement. A Grievance shall will first be handled in the following manner: (a) The grievance must be brought to the attention of the Chief taken up verbally with his supervisor, within five (5) working days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence occurrence of the Chief due to vacation event(s) or illness shall have five (5) working days from the time the employee had knowledge of the event and this occurred in which a reasonable time frame. He may do this personally, with or without his ▇▇▇▇▇▇▇ or he may request the ▇▇▇▇▇▇▇ to answer do it for him. The employee will be present when the grievancematter is discussed by the ▇▇▇▇▇▇▇ and the supervisor if the supervisor or the ▇▇▇▇▇▇▇ so requests. Any complaint or grievance filed by an employee beyond the five (5) day period indicated above will not be considered unless the employee is able to provide a reasonable explanation of the delay to Management. If the complaint is not satisfactorily disposed of verbally within twenty-four hours after its presentation, or such longer period as may be mutually agreed upon, the Union Grievance Committee may, within eight (8) working days refer the grievance to the Manager's Committee. 15.03 The Union Grievance Committee will give the Manager's Committee at least five (c5) working days' notice in writing of any grievance to be discussed. The aggrieved Party may appeal Manager's Committee will meet with the decision in Step Union Grievance Committee composed of not more than three (b3) employees of the Plant if there are grievances to the Mayorbe discussed. The Manager's designee for the City. This must be done Committee will give its answer in writing within five (5) working days after such a meeting. At this stage a full time representative of the Chief Union may be present when the grievance is being discussed if requested by either party. 15.04 If the decision of the Managers Committee is not satisfactory, the Union Grievance Committee may, within eight (8) working days, refer the grievance to the Vice President of Human Resources, or such other person as he may designate. Within eight (8) working days of receipt of such notice, a meeting will be held with the Union Grievance Committee Composed of not more than three (3) employees of the Plant. An answer will be given within eight (8) working days after such a meeting has given his responsebeen held. At this stage, a full-time representative of the Union may be present, if requested by either party. 15.05 The time allowances provided in the above Articles may be extended by mutual agreement. If the time allowances or any mutually agreed on extensions are not observed by the Union or by the Company, the grievance will be considered as advanced to the next stage. 15.06 The aggrieved employee will be present for any discussions if requested by either party. 15.07 It is recognized that Stewards, members of committees and Union Officers have regular duties to perform as employees of the Company. (dA) The Mayor's designee Company acknowledges the right of the Union to select Stewards to assist employees in presenting their grievances to the representatives of the Company. The number of such Stewards and the area within which each one may function will have seven (7) days be in which to answer the grievanceaccordance with Article 18. (eB) If A ▇▇▇▇▇▇▇ will assist in the presentation of a grievance has not been resolved after Step (d)only in the area he represents, except that if a ▇▇▇▇▇▇▇ is absent from the Plant, the Chief ▇▇▇▇▇▇▇ may assist in presenting a grievance in that area. (C) A ▇▇▇▇▇▇▇ must notify his supervisor and give specific reason when intending to spend time in respect to a grievance, but the consent or agreement of the supervisor is not required. He will also report to his immediate supervisor upon his return. (D) A Union representative who is privileged by agreement to take up Union business in an area other than his own will first obtain the consent of the supervisor in that area before contacting any employee in that area, but such consent shall not be unreasonably withheld. (E) Union representatives will be expected not to absent themselves from the Plant during working hours for the conduct of Union business other than with representatives of the Company without first obtaining permission from the Company to be absent. Management will not withhold such permission unreasonably. At least a half shift's notice should normally be given of such request and in the consideration of such request vital production requirements will be considered. 15.08 If either party has a complaint with respect to a representative of the other or alleges that there has been a misrepresentation, violation or non-application of this Agreement, or any of the provisions hereof, then either party may within give to the other notice in writing of such complaint. Within five (5) working days request binding arbitration as prescribed of receipt of such notice a meeting will be held between the Manager's Committee and representatives not exceeding three (3) in number of the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by Executive Committee of the partiesLocal. The City and party against whom the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral complaint has been selected. The time limits hereinabove are to be strictly construed and each party made will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled give an answer in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.writing within five

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute 16:01 All differences between the parties Employer and the Union regarding the interpretations, application, operation or alleged violation of this Agreement shall be settled without stoppage of work or lockout by negotiation as it relates to hereafter provided. 16:02 Either the Union or the Employer may institute a grievance under the terms of this agreementAgreement. A Grievance If they fail to settle same within ten (10) calendar days, either of the parties may proceed under sub-article 16:05. 16:03 An aggrieved Employee shall submit his complaint to the ▇▇▇▇▇▇▇ or in his absence to the Business Manager and / or Business Representative of the Union, who shall endeavor to settle the complaint between the Employee and his immediate supervisor. 16:04 If the complaint is not settled within two (2) days, excluding Saturday, Sunday and holidays, it may be handled referred in writing to the following manner:Project Manager and an Official Representative of the Union. (a) The grievance 16:05 If the parties fail to reach an agreement under the above steps either party may, by written notice to the other party stating the nature of the difference, require the establishment of an Arbitration Board. Such written notice must be brought to served within the attention ten (10) days following the completion of the Chief preceding steps. 16:06 Each party shall appoint one (1) member as its representative on the Arbitration Board within five seven (57) days of its alleged occurrencesuch notice. This may be done either orally or in written form. Written grievances would be preferredThe two (2) members so appointed shall endeavor to select an independent Chairman. (b) The Chief or the individual in command in the absence 16:07 If either of the Chief due parties fail to vacation or illness appoint its representative on the Arbitration board within the required seven (7) days, such action shall have five (5) days be deemed as acceptance of the other party’s position in which to answer the grievance. 16:08 If the two (c2) The aggrieved Party may appeal the decision in Step (b) members fail to the Mayor's designee for the City. This must be done in writing select a Chairman within five (5) days after the Chief has given his response. day on which that last of the two (d2) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation members is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediatorappointed, they shall request that PERB appoint the Minister of Labour to select a mediatorChairman. 16:09 The Arbitration Board may not change, modify or alter any of the terms of this Agreement. If the issue(sAll differences submitted shall present an arbitrable issue under this Agreement, and shall not depend on or involve an issue or contention by either 16:10 The Arbitration Board shall give its decision not later than fourteen (14) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessionappointment of the Chairman except that, with the consent of both parties, such limitation of time may be extended. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) 16:11 Each party may ask for an extension to the differences shall bear the expenses of not more than sixty its respective nominee to the Arbitration Board and the two (602) days, after parties shall bear equally the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members expenses of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedureChairman.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute between Alleged grievances of members of Local 1703 IAFF, AFL-CIO in respect to wages, rates of pay, working conditions or other terms and conditions arising under this contract or in connection with the parties as it relates to interpretation thereof, or arising under the terms rules and regulations of this agreement. A Grievance the Fire Department, shall be handled in accordance with the following manner: procedure: An individual having a grievance shall reduce the same to writing within fifteen (a15) The days of the employee's knowledge or when the employee should have known of same, and present it to the Chief of the Fire Department, with a copy of the written grievance must sent to the Town Administrator., who shall answer the grievance within fifteen (15) days, and if not settled, Within seven (7) days of receipt of the written grievance, the Fire Chief or the Chief’s designee will schedule a meeting for a discussion of the grievance, which may be brought attended by the Grievant, the Fire Chief, the Deputy Fire Chief, and a Union Representative. When possible, this meeting will be scheduled during the Grievant’s shift. Within ten (10) working days of said meeting the Fire Chief shall issue a written decision. If the grievance is not resolved, then the employee shall within fifteen (15) days of the ChiefsChief’s decisionanswer, in writing, bring such grievance to the attention of the Chief Executive Committee of Local 1703. Said Executive Committee shall, within five (5) days of its the receipt of the grievance arrange for the employee to present his alleged occurrencegrievance at a meeting of a majority of said Local's Executive Committee. This may It shall be done either orally or in written formthe responsibility of the Executive Committee to determine the justification of the grievance. Written grievances would be preferred. (b) The Chief or the individual in command If, in the absence judgment of the Chief due to vacation or illness Executive Committee, the nature of the grievance justifies further action, it shall have five within fifteen (515) days in which to answer of the grievance. (c) The aggrieved Party may appeal meeting of said Local Executive Committee reference above, through the decision in Step (b) President of Local 1703, present the written grievance to the Mayor's designee for the City. This must be done in writing Town Administrator, who shall issue a written decision within five fifteen (515) days after of receipt of the Chief has given his response. written grievance. Within ten (d) The Mayor's designee will have seven (710) days in which to answer of the grievance. (e) If the grievance has not been resolved after Step (d)Town Administrator’s decision, the Union may within five (5) days request binding shall submit the grievance to the Labor Relations Connection or the American Arbitration Association for selection of an arbitrator under its labor rules. All costs and expenses of arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the partiesparties hereto. In all cases involving a grievance which is submitted to Arbitration the individual or individuals having the grievance shall be required to attend and present his or her grievance. Such individual or individuals shall further be entitled to be represented by legal counsel of his or her or their own choosing. Any decision handed down by the Arbitrator shall be final and binding on the parties hereto. The City and the Unionmember shall pay his own counsel fees. The Arbitrator shall have no authority or power to alter, by mutual agreementmodify, may request mediation to help bring resolution subtract from, change or add to the language of this Agreement. In addition to the foregoing, Local 1703 through its Executive Board shall have the right to file a grievance on its own behalf or on behalf of any employee covered by this Agreement. In the event a grievance is filed by Local 1703, the written grievance shall be presented directly to the Chief of the Department within fifteen (15) days of its occurrence, who shall answer the same within fifteen (15) days of receipt with a copy of the written grievance sent to the Town Administrator. Within seven (7) days of receipt of the written grievance, the Fire Chief or the Chief’s designee will schedule a meeting for a discussion of the grievance, which may be attended by the Grievant, the Fire Chief, the Deputy Fire Chief, and a Union Representative.. When possible, this meeting will be scheduled during the Grievant’s shift. Within ten (10) working days of said meeting, the Fire Chief shall issue a written decision. If mediation is agreed uponin the judgment of the Executive Committee, the City and nature of the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days grievance justifies further action after the mediation session. (f) The time limits specified in Chief’s response, the written grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of presented directly to the Code of Iowa only and shall not proceed under the grievance procedure.Town Administrator within five

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. The purpose of this procedure is to secure, at the lowest possible level, an equitable solution to the problems which may arise affecting the terms and conditions of employment under this Agreement or working conditions. Nothing herein shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the Department. 2. The term Grievance shall mean a dispute ‘grievance’ as used herein means any controversy arising over the interpretation, application of, or violation of any of the provisions of this Agreement or working conditions, and may be raised by any individual, the Union on behalf of and at the request of an individual, or group of individuals, or the Township. 3. The following constitutes the sole and exclusive method for resolving grievances between the parties as it relates to the terms of covered by this agreement. A Grievance Agreement and shall be handled followed in its entirety unless any step is waived by mutual consent: STEP ONE: Should any grievance arise between the following manner: (a) The grievance must be brought Township and an employee, the parties will make an ▇▇▇▇▇▇▇ effort to the attention of the Chief resolve and settle their differences within five (5) calendar days of its alleged occurrencebetween the aggrieved employee and his immediate superior. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or Failure to act within the individual in command in the absence of the Chief due to vacation or illness shall have said five (5) calendar days in which shall be deemed to answer constitute an abandonment of the grievance. (c) . The aggrieved Party may appeal the immediate superior shall render a decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) calendar days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer receipt of the grievance. . STEP TWO: If the grievance cannot be satisfactorily resolved within five (e5) If calendar days by the immediate supervisor of the employee, the grievance shall be reduced to writing, stating the nature of the grievance, and submitted to the Manager of the Department of Public Works, or his designee, within five (5) calendar days of the supervisor's decision or or the time when such decision was to have been rendered. The grievance shall state the nature of the grievance, The Article of the Contract alleged to have been violated and the remedy sought. The Manager shall render a decision, in writing, within ten (10) calendar days. STEP THREE: In the event the grievance has not been resolved after through Step (d)Two, then the Union employee may within five (5) days request binding arbitration as prescribed present the grievance, in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Unionwriting, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed uponTownship Administrator, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.five

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean 15.01 Unless otherwise provided for in this Agreement, every subject of joint discussion will first be taken up by the Union and the Company in accordance with the procedures provided for in this Agreement, and every effort will be made by the Parties to reach a dispute between the parties mutually satisfactory agreement as quickly as possible. 15.02 If an employee wishes to have a complaint taken up, it relates to the terms of this agreement. A Grievance shall will first be handled in the following manner: (a) The grievance must be brought to the attention of the Chief taken up verbally with his supervisor, within five (5) working days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence occurrence of the Chief due to vacation event (s) or illness shall have five (5) working days from the time the employee had knowledge of the event and this occurred in which a reasonable time frame. He may do this personally, with or without his ▇▇▇▇▇▇▇ or he may request the ▇▇▇▇▇▇▇ to answer do it for him. The employee will be present when the grievancematter is discussed by the ▇▇▇▇▇▇▇ and the supervisor if the supervisor or the ▇▇▇▇▇▇▇ so requests. Any complaint or grievance filed by an employee beyond the five (5) day period indicated above will not be considered unless the employee is able to provide a reasonable explanation of the delay to Management. If the complaint is not satisfactorily disposed of verbally within twenty-four hours after its presentation, or such longer period as may be mutually agreed upon, the Union Grievance Committee may, within eight (8) working days refer the grievance to the Manager's Committee. 15.03 The Union Grievance Committee will give the Manager's Committee at least five (c5) working days notice in writing of any grievance to be discussed. The aggrieved Party may appeal Manager's Committee will meet with the decision in Step Union Grievance Committee composed of not more than three (b3) employees of the Plant if there are grievances to the Mayorbe discussed. The Manager's designee for the City. This must be done Committee will give its answer in writing within five (5) working days after such a meeting. At this stage a full time representative of the Chief has given his responseUnion may be present when the grievance is being discussed if requested by either party. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) 15.04 If the grievance has decision of the Managers Committee is not been resolved after Step (d)satisfactory, the Union may Grievance Committee may, within five eight (5) days request binding arbitration as prescribed in 8) working days, refer the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution grievance to the grievanceVice President of Human Resources, or such other person as he may designate. If mediation is agreed uponWithin eight (8) working days of receipt of such notice, the City and a meeting will be held with the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension Grievance Committee Composed of not more than sixty three (603) days, employees of the Plant. An answer will be given within eight (8) working days after the neutral such a meeting has been selectedheld. At this stage, a full-time representative of the Union may be present, if requested by either party. 15.05 The time limits hereinabove allowances provided in the above Articles may be extended by mutual agreement. If the time allowances or any mutually agreed on extensions are to be strictly construed and each party will make every effort to settle not observed by the Union or by the Company, the grievance equitably at each step. Members will be considered as advanced to the next stage. 15.06 The aggrieved employee will be present for any discussions if requested by either party. 15.07 It is recognized that Stewards, members of committees and Union Officers have regular duties to perform as employees of the Grievance Committee may meet with Company. (A) The Company acknowledges the right of the Union to select Stewards to assist employees in presenting their grievances to the representatives of the City for the purpose Company. The number of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.such Stewards and

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. Section 137:01 No crewmembers shall be disciplined, suspended or discharged without just cause. 37:02 Both parties recognize the importance of processing grievances as quickly as possible and agree that any dispute concerning the administration, application or alleged violations of this agreement shall be dealt with as follows: Step: 1 Crewmember grievances shall be raised with the Captain. The term Grievance Captain shall mean a dispute between the parties as it relates to the terms of this agreement. A Grievance shall be handled in the following manner: reply within three (a) The grievance must be brought to the attention of the Chief within five (53) days of its alleged occurrence. This the matter being raised or twelve (12) hours prior to sailing time whichever comes earlier. Step: 2 If the grievance is not resolved in step 1, the matter may be done either orally or in written form. Written grievances would be preferredfurther discussed between the crewmember and/or boat delegate and other designated representatives of the Union and the Captain and Fleet Manager. Step: 3 If the grievance is not resolved at step 1 or 2 it shall be submitted to the Director of Fleet Operations, in writing, stating the issue and remedy sought. Upon receipt of a grievance, in writing, the Director of Fleet Operations shall, at the earliest possible date and in no case to exceed twelve (b12) The Chief or days, convene a meeting of such company representatives as may be designated, together with the individual in command in the absence crewmember and/or boat delegate, a provincial representative of the Chief due to vacation or illness shall have five (5) days in which to answer Union, if available, and such other people as the grievance. (c) Union may designate. The aggrieved Party may appeal matter will be decided and the decision in Step (b) Company’s written replay to the Mayor's designee for grievance will be submitted to the City. This must be done in writing Union within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which of the meeting with copies to answer the grievance. (e) all interested parties. If the grievance has is not been resolved after Step through the foregoing procedure, either party may refer the matter to arbitration as herein provided. 37:03 Group and policy grievances initiated by the Union and the Company grievances shall be submitted, in writing, specifying the Articles of the Collective Agreement allegedly violated by either party in accordance with step 3. The party in receipt of the grievance shall reply within fourteen (d)14) days. Failing settlement, the Union may within five (5) days request binding matter shall be referred to arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessionherein provided. (f) 37:04 The time limits specified in herein may be expanded or compressed by mutual consent and subject to the grievance procedure directive of 37:02 shall exclude Saturdays and Sundays and observed holidaysbe considered directory as opposed to mandatory. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the 37:05 No grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled denied through error in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedureform or technical irregularity.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. Section 1The purpose of this article is to establish a procedure for the settlement of all grievances. An employee having a grievance shall first take the matter up with his committeeperson who will discuss said complaint with the ▇▇▇▇▇▇▇ concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hours the committeeperson will then submit the grievance, in writing, on a form to be supplied by the company, to the ▇▇▇▇▇▇▇. The term Grievance ▇▇▇▇▇▇▇ shall mean a dispute between the parties as it relates give his decision, in writing, to the terms of this agreement. A Grievance shall be handled in the following manner: committeeperson within two (a2) The grievance must be brought to the attention working days of the Chief receipt of the grievance. Should the union be dissatisfied with the ▇▇▇▇▇▇▇'▇ decision, the union may refer the grievance to a meeting of the plant committee and representatives of management who shall meet within five (5) days of its alleged occurrencethe request of such meeting. This The union National Representative may be done either orally or in written formattendance at this meeting. Written grievances would Management's decision relating to the grievance shall be preferred. (b) The Chief or in writing and if not rendered during the individual in command in conference shall be rendered to the absence chairperson of the Chief due committee within two (2) working days after the holding of the conference. If management's decision be not satisfactory the union may request that the grievance be submitted to vacation or illness shall have five (5) days arbitration in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done event they shall make such request in writing within five (5) working days after the Chief has given his response. disposition of the grievance. The arbitrator shall, within ten (d) The Mayor's designee will have seven (710) days in which from the date of receipt of the notice of appeal be selected by mutual agreement between the company and the union. In the event of failure to answer the grievance. (e) If the grievance has not been resolved after Step (d)agree, the Union may within company and the union shall submit a joint request to the Minister of Labour of the Province of Ontario to furnish a panel of five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Actqualified and available arbitrators. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members Upon receipt of the Grievance Committee may meet with the panel of names, representatives of the City for company and of the purpose of resolving said grievance during duty hoursunion shall meet and proceed to select the arbitrator. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent Failing a mutual selection, the parties shall, each beginning with the public safetyunion, strike alternately, one name at a time, two names from the panel. Grievances relating the one then remaining name shall be the arbitrator and such selection shall be final and binding upon the company and the union. The arbitrator shall not be authorized to original entrancemake any decision inconsistent with the provisions of this agreement nor to alter, seniority, promotion, removal, demotion modify or suspension or other matters accepted under amend any part of this agreement. The arbitrator shall be empowered to make a decision in cases of alleged improper disciplinary action with the jurisdiction discretion to modify the penalty. Each of the Civil Service Commission parties hereto shall bear one-half the expenses of the arbitrator and the shares shall be handled paid direct to the arbitrator. The term "working days" when used in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the this agreement for grievance procedure, shall exclude Saturdays, Sundays and holidays and vacations as defined herein. The grievance procedure in Section 12, shall apply equally to a grievance lodged by a group of employees, or to a union policy grievance.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean 1 Except as specifically excluded for elsewhere in this Agreement, any complaint, controversy, dispute, or claim (herein, collectively, a dispute “grievance” or “grievances”) between the parties as it relates Company, the Guild, or any employee covered by this Agreement arising during the term of the Agreement with respect to the terms provisions of this agreement. A Grievance Agreement or its interpretation or any alleged breach thereof shall be handled discussed promptly and in good faith by the following manner:designated representatives of the parties in an effort to attain an amicable settlement. (a) The grievance Section 2 All grievances must be brought presented by the grieving party to the attention designated agent of the Chief within five (5) days of its alleged occurrence. This may be done either orally or non-grieving party in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d)writing, the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more no later than sixty (60) days, calendar days after the neutral has been selectedgrieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The time limits hereinabove are parties shall notify each other of their designated agent upon ratification, and whenever such agent changes. The non-grieving party shall have ten (10) business days to respond in writing (including via electronic communications) to the grieving party. Failure to respond within the ten (10) business days shall be strictly construed deemed a non-precedential concurrence with the grievance by the responding party. The Company and the Guild shall meet within fourteen (14) days of receipt of the written grievance. If the initial meeting following the receipt of the written grievance does not result in a resolution to the dispute, the grieving party may request a follow-up meeting within fourteen (14) days. The parties shall make good faith efforts to schedule grievance meetings during regular working hours. Section 3 If the grievance is not resolved, the grieving party may, within thirty (30) days following the final grievance meeting (or, if the parties fail to meet as prescribed above, within fifty-nine (59) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. No award in any such arbitration shall be retroactive to a date more than one hundred and eighty (180) days prior to the date when the grievance was presented, except where the remedy concerns failure to pay wages, overtime, or a dispute over an employee’s start date. Section 4 The determination of the arbitrator shall be final and binding upon the Company, the Guild, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator’s fee, filing fees) shall be borne equally by the Company and the Guild, and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation shall bear its own other costs, legal fees, and preparation of grievances consistent with the public safety. Grievances expenses relating to original entrance, seniority, promotion, removal, demotion the arbitration. Section 5 A failure to submit a grievance or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled demand arbitration in accordance with Chapter 400 the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be. Arbitration shall be the sole and exclusive procedure for resolving disputes with respect to the provisions of the Code of Iowa only and shall this Agreement or its interpretation or any alleged breach thereof that is not proceed under resolved by the grievance procedure, and the arbitration award shall be a party’s sole and exclusive remedy, provided that either party may proceed in court to confirm or vacate an award according to law. Nothing herein shall impair an employee’s ability to pursue independent statutory claims.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance shall mean a dispute Any complaint, disagreement or difference of opinion between the parties as it relates to Co-operative, the Union or the employees covered by the Agreement which concerns the interpretation or application of the terms and provisions of this agreement. A Grievance Agreement shall be handled considered a grievance. Any employee who feels that he has been unfairly treated, the Union or the Co-operative may present a grievance. Any grievance which is not presented within ten (10) calendar days of the event shall be forfeited and waived by the aggrieved party. 2. All grievances shall be submitted in writing and shall clearly set forth the following mannerissues and contentions of the aggrieved parties. Notwithstanding the foregoing, whenever possible, the aggrieved employee (with the Union Shop ▇▇▇▇▇▇▇ present or absent at the employee’s option) shall first discuss the matter verbally with their Department Manager. 3. The procedure for adjustment of disputes and grievances will be as follows: (a) By a discussion between the Shop ▇▇▇▇▇▇▇ (with the aggrieved employee present or absent at his option) and the Department Manager. The grievance must aggrieved party shall be brought to given a written decision on the attention of the Chief matter within five (5) calendar days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferredafter the discussion. (b) The Chief Failing agreement of subsection (a), the grievance shall be dealt with by the Grievance Committee of the Union which may include a Staff Representative of the Union and the General Manager or the individual in command his duly appointed representative in the event of his absence for a period in excess of one (1) week. The aggrieved party shall be given a written decision on the Chief due to vacation or illness shall have five matter within seven (57) days in which to answer the grievancecalendar days. (c) The aggrieved Party may appeal If a satisfactory settlement cannot be reached then, upon request of either party, the decision in Step (b) matter shall be referred to the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his responseBoard of Arbitration established by Article 13. 4. After the completion of any step in Section 3, if the aggrieved party does not proceed to the next step within ten (d10) The Mayor's designee will have seven (7) days in which to answer calendar days, the grievancegrievance shall lapse. (e) If the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs All negotiations with respect to disputes and grievances shall be shared equally by the partiesdealt with during regular working hours and no employee shall suffer any loss of pay for time spent in such negotiations. 6. The City and the Union, by mutual agreement, parties may request mediation to help bring resolution agree to the grievance. If mediation is agreed upon, appointment of a mediator to assist in resolving the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessiondispute. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays7. Timelines may be waived by agreement of both Parties. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. The term Grievance 3.01 In the event of a grievance by an employee, the employee shall mean a dispute between take the parties as it relates to matter up with the terms of this agreement. A Grievance shall be handled in the following manner: employer within and not after twenty (a20) The grievance must be brought to the attention of the Chief within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) working days after the Chief has given his responseemployee became aware of the incident or circumstances giving rise to the grievance. The griever is entitled to be present at all steps in the grievance procedure. (d) 3.02 The Mayor's designee will have following procedure shall be followed when adjusting and settling any grievance: Step 1 A member having a grievance may, individually, or with assistance of a Grievance Committee formed by the Association, present his grievance in writing to the Chief of Police. After considering the grievance, the Chief of Police shall render his decision in writing. Step 2 If the Chief of Police fails to render his decision within seven (7) days in which to answer of having received the grievance, or if his decision is not satisfactory to the aggrieved member, the Grievance Committee of the Association shall, within fifteen (15) days of the expiry of the seven (7) day period hereinbefore referred to, file with the Secretary of the Board, the grievance in writing. Step 3 The Board, upon receipt by the Secretary of the written grievance, shall cause a meeting to be held of a majority of the members of the Board and the Grievance Committee of the Association to discuss the grievance, and thereafter, the Board, within fifteen (e15) days of having received the written grievance, shall render its decision in writing and communicate the same to the Association. The decision of the Board shall, subject to the provisions of Step 4, be final and binding. Step 4 If the grievance filed relates to the interpretation, application or administration of this agreement or if the grievance alleges that this agreement has not been resolved after violated, either party may, within fifteen (15) days of the final decision made and communicated by the Board in Step (d)3, notify the other party in writing of its desire to submit the grievance or allegation to an arbitrator in which event, the Union may within five (5) days request binding arbitration as prescribed in provisions of the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City Police Services Act relative to determination of disputes and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union procedure therefore shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessionapply. (f) The 3.03 Any time limits specified in this procedure may be abridged or extended by the grievance procedure shall exclude Saturdays and consent of the parties then so engaged in the procedure. 3.04 In computing the periods of time referred to in this article, Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission Paid Holidays shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedureexcluded.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. Section 1option terminates on June 30, 2011, and does not continue beyond the expiration date of this MOU without express written agreement of the parties to continue the practice. The term Grievance Adjustment Board will be comprised of three (3) Council representatives, no more than two (2) of whom shall mean be either an employee of the County or an elected or appointed official of the Council presenting this grievance, and three (3) representatives of the County, no more than two (2) of whom shall be either an employee of the County or a dispute member of the staff of an organization employed to represent the County in the meeting and conferring process. The Adjustment Board will convene on the second (2nd) Wednesday of each month unless otherwise scheduled by mutual agreement. All grievances that are received by the Director of Human Resources at least ten (10) working days prior to the next scheduled session of the Adjustment board will be placed on the agenda for the next regular meeting. Where the parties agree, the Adjustment Board may be comprised of two (2) Council representatives and two (2) County representatives. The Adjustment Board shall meet within twenty (20) work days of receipt of the written request and render a decision. If the County fails to meet the time limits specified in Step 4 and the grievant demands in writing that an Adjustment Board be convened, the County will convene an Adjustment Board within ten (10) work days of receipt of the original request. This step of the grievance procedure may be waived by the written mutual agreement of the parties. Step 5. If the parties are unable to reach a settlement or if an Adjustment Board is unable to arrive at a majority decision, either the grievant the Union or the County, whichever is the moving party, when alleging a violation of Section 24.6 below) may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the parties as it relates to grievant and the terms of this agreementHuman Resources Director. A Grievance Such request shall be handled in the following manner: submitted within twenty (a20) The grievance must be brought to the attention workdays of the Chief within five rendering of the Adjustment Board decision. Within twenty (520) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. the request for arbitration the parties shall mutually select an arbitrator who shall render a decision within thirty (b30) The Chief or work days from the individual in command in the absence date of final submission of the Chief due to vacation or illness shall have five (5) days in which to answer grievance including receipt of the grievance. (c) court reporter's transcript and post-hearing briefs, if any. The aggrieved Party may appeal fees and expenses of the decision in Step (b) to arbitrator and of the Mayor's designee for the City. This must be done in writing within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievance. (e) If the grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs Court Reporter shall be shared equally by the parties. The City grievant and the UnionCounty. Each party, by mutual agreementhowever, may request mediation to help bring resolution to shall bear the grievance. If mediation is agreed uponcosts of its own presentation, the City including preparation and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediatorpost hearing briefs, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation sessionif any. (f) The time limits specified in the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 1 contract

Sources: Memorandum of Understanding

GRIEVANCE PROCEDURE. Section 1A. A grievance is a complaint that there has been an improper application, interpretation or violation of this Agreement. Also, included in the scope of items that may be grieved are minor disciplinary actions, which are not permitted to be appealed to the New Jersey Civil Service Commission as a matter of right. In order to provide for the expeditious and mutually satisfactory settlement of grievances, the procedures hereinafter set forth shall be followed. Nothing herein shall be construed as limiting the right of any employee having a grievance to discuss and resolve the matter informally with any appropriate member of the department. B. Complaints may be initiated by an employee to his or her supervisor. If the employee’s complaint deals with improper action by the employee’s supervisor, then the employee or the authorized Union representative may initiate this step with the Department Head or the Township Business Administrator, whichever would be applicable. An ▇▇▇▇▇▇▇ effort shall be made to settle the dispute immediately. If the complaint is not adjusted satisfactorily at this stage and the employee wishes to enter a grievance, it shall be presented by the employee or by the authorized Union representative. C. When the Union wishes to present a grievance for itself or for an employee or group of employees for settlement or when an aggrieved employee wishes to present a grievance, such grievance shall be presented as follows: Step 1 Within ten (10) working days of the event giving rise to the grievance, the aggrieved employee, the President of the Union or his or her authorized Union representative, shall present the grievance in writing to the Department Head or his or her duly designated representative. The term Grievance Department Head shall mean a dispute between the parties as it relates to the terms of this agreement. A Grievance shall be handled in the following manner: (a) The grievance must be brought to the attention of the Chief within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing grievance within five (5) days after the Chief has given his response. (d) The Mayor's designee will have seven (7) days in which to answer the grievanceworking days. (e) Step 2 If the grievance is not resolved at Step 1 or if no answer has not been resolved after received within the time set forth in Step (d)1, the Union shall present the grievance within seven (7) working days in writing to the Township Business Administrator. This presentation shall set forth the position of the Union and, at the request of either party, discussion may within five (5) days request binding arbitration as prescribed in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the partiesensue. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union Township Business Administrator shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in answer the grievance procedure shall exclude Saturdays and Sundays and observed holidays. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.writing within fifteen

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1The employees through their accredited representative shall have the right to discuss at a suitable time any written grievance involving any controversy, complaint, misunderstanding or dispute with the proper officials of the Employer. This meeting shall be held within three working days of the time of the alleged grievance. The term Grievance official shall mean give his answer within two working days, and record the response on the grievance record. If the reply is not satisfactory, a dispute between the parties as it relates to the terms of this agreement. A Grievance meeting shall be handled in held within working days with the following manner: (a) The Packaging Plant Manager, Refinery Manager, Plant Services Manager or Quality Assurance Manager and a reply shall be given within two working days. If the reply is still not satisfactory, a meeting shall be arranged with the Plant Manager within ten working days. He shall give his reply within two working days. If the grievance must remains unsettled it shall be brought subject to the attention of the Chief within arbitration as follows. Within five (5) days of its alleged occurrence. This may be done either orally or in written form. Written grievances would be preferred. (b) The Chief or the individual in command in the absence of the Chief due to vacation or illness shall have five (5) days in which to answer the grievance. (c) The aggrieved Party may appeal the decision in Step (b) to the Mayor's designee for the City. This must be done in writing within five (5) working days after the Chief has given his response. (d) final discussion between the Union and the Plant Manager, the party desiring arbitration shall notify the other party in writing. A Board of Arbitration shall be immediately established consisting of one appointee of the Union and one appointee of the Employer, and a third member to act as a Chairman, appointed on the recommendation of the first two appointees. Should the members fail to agree on a Chairman within five working days, they shall apply to the Minister of Labour for the Province of Ontario, who shall appoint a Chairman. All grievances will be answered in writing at the second and third steps with copies sent to the Union office, union ▇▇▇▇▇▇▇, and the employee. Notwithstanding the foregoing time limits defined in the grievance procedure, the time limits for second and third stages of the grievance procedure may be extended as agreed between the two parties. Employees must be present at stage of the grievance procedure, if so requested by either party. The Mayor's designee Board of Arbitration shall not have the right to alter or change any of the provisions of this Agreement or substitute any new provisions in lieu thereof , or to give any decision inconsistent with the terms and provisions of this Agreement. Each of the parties hereto will bear the expense of their appointee to the Board and will equally bear the fees and expenses of the Chairman. The decision of the Board shall be final and binding on both parties. It is further agreed that the Union and the Employer shall have seven (7) days the right to originate a grievance at a time not later than three months from the date of the alleged grievance with regard to any dispute in the interpretation or manner in which the contract is being complied with. The Union and the Employer representative shall first discuss the complaint, such complaint to answer be either discussed or resolved within a period of three working days. agreement is reached either party shall submit to procedure. If no actual the grievance. (e) If arbitration Payment of time and one-half will be made to the griever and ▇▇▇▇▇▇▇ for attendance at off-shift grievance has not been resolved after Step (d), the Union may within five (5) days request binding arbitration as prescribed meeting basis time spent in the Iowa Public Employment Relations Act. Arbitration costs shall be shared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediatormeeting. If the parties time limits, as stated above cannot agree upon a mediatorbe met, they shall request that PERB appoint a mediator. If the issue(s) are not resolved griever may elect to both parties satisfaction in mediation proceed to the Union shall request binding arbitration within fourteen calendar days after the mediation session. (f) The time limits specified in next step of the grievance procedure shall exclude Saturdays and Sundays and observed holidaysbut not beyond third stage. (g) Each party may ask for an extension of not more than sixty (60) days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance equitably at each step. Members of the Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with Chapter 400 of the Code of Iowa only and shall not proceed under the grievance procedure.

Appears in 1 contract

Sources: Collective Agreement