Common use of GRIEVANCE PROCEDURE Clause in Contracts

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance.

Appears in 6 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For Section 1. All complaints and prospective grievances may be taken up informally by either the purposes Company or the Union in advance of the formal grievance steps set forth below. Nothing in this Article shall be construed to deprive any employee or group of employees from presenting individually to the Company any complaint, and to have such complaints adjusted without the intervention of the Union, as long as the adjustment is not inconsistent with the terms of this Agreement, and provided further that a grievance is defined as:Union representative has been given opportunity to be present at such adjustment. (a) A difference Section 2. The Company and the Union agree that grievances shall be confined to differences arising between out of the parties relating interpretation or application of the terms or provisions of this agreement, or disciplinary action for just cause and shall be processed according to the interpretation, application, administration, or alleged violation grievance procedure set forth in this Article. It shall be the objective of both the Company and the Union to settle any grievance promptly and at the lowest step of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreementgrievance procedure. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance Grievances shall be reduced to writing, signed setting forth, if applicable, specifically the substance of the grievance and the provision or provisions of the Agreement allegedly violated, delivered by a Union representative to the employee designated Company representative in accordance with Section 3. following, within thirty (30) calendar days of the action complained of. Section 3. The formal grievance procedure shall consist of three (3) successive steps. Notice of grievance and a Shop ▇▇▇▇▇▇▇ or Union Committee member and appeals of decision shall be presented to forwarded in accordance with the immediate supervisor or following: The designated first level manager (supervisor) shall contact the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within representative within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her workdays of receipt of written reply. If notice of the grievance is not settled at this step, Then for the purpose of setting a mutually agreeable meeting date and location. The designated first level manager (supervisor) will provide a decision in writing within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral workdays after completion of the grievance to Step Three to discuss meeting(s) unless mutually agreed otherwise by the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meetingparties. If the grievance Company fails to offer a meeting date which is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance.fourteen

Appears in 5 contracts

Sources: Labor Agreement, Labor Agreement, Labor Agreement

GRIEVANCE PROCEDURE. For Grievances shall be settled according to the purposes of this Agreement, a grievance is defined asfollowing procedure: (a) A difference arising between STEP 1: As soon as is practicable after a grievance has been received or filed, the parties relating crew representative shall meet with the Production Manager to discuss and attempt to resolve the interpretationgrievance in a fair and amicable manner. If the Technician, application, administration, or alleged violation crew representative and the Production Manager are satisfied with the proposed resolution of the Agreement including any question as to whether a matter is arbitrablegrievance, the grievance procedure ends. (b) The dismissalSTEP 2: A Technician, discipline Crew Representative or suspension Producer who is not satisfied with the proposed resolution of an employee bound by this agreementthe grievance may refer the grievance to the Union business office. Disciplinary action grievable by Within forty-eight (48) hours of receiving the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option)Union business office, shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days an authorized representative of the occurrence of Union shall contact the grievance. The supervisor will respond within three working days of discussing Producer’s representative on the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet production to discuss the grievance. Within seven In the event that the representative of the Union and the representative of the Producer cannot reach agreement within five (75) calendar days following the meetingafter a meeting is arranged and held, the supervisor or matter shall be referred to the department head shall give his/her written reply. If Business Manager of the grievance is not settled at this step, Then Union and the Labour Relations Representative of the Producer. (c) STEP 3: In the event that the Business Manager of the Union and the Labour Relations Representative of the Producer are unable to resolve the dispute within ten (10) calendar days after completion of receiving Step 3, it shall be referred to Step 4, provided, however, that any dispute over the intent and application of this Agreement not resolved in Step Two response, 3 shall be submitted to the Consultation Committee in accordance with Article 2.06 before proceeding to Step 4. (d) STEP 4: If the Producer and the Union Committee or its delegate, shall notify the Company in writing that cannot resolve the grievance will proceed to Step Three. The Company and Union will meet within twenty-one ten (2110) calendar days after the completion of Step 3, or in the case of a dispute submitted to the Consultation Committee, ten (10) calendar days after recommendations by the Consultation Committee, the grievance procedure under this Agreement shall be deemed to have been exhausted and either the Producer or the Union may proceed to final and binding arbitration pursuant to the Labour Relations Code of the Province of British Columbia before a Single Arbitrator selected from the list of Arbitrators of the B.C. Arbitrator’s Association, or from a list of arbitrators mutually agreed to by the Union and the CMPA-BC. An Arbitrator named on the above list may at any time by mutual agreement be bypassed or removed from the list and another Arbitrator substituted. (i) If the Parties fail to agree on an Arbitrator within five (5) days after one Party has served written notice on the other Party of its referral of the grievance matter to Step Three to discuss Arbitration, the grievance. At this step Ministry of Labour shall, at the request of either Party, appoint the Arbitrator in accordance with section 86 of the grievance procedureLabour Relations Code. If one party refuses to participate in the selection process of an Arbitrator within five (5) days after one Party has served written notice on the other Party of its referral of the matter to Arbitration, each party then the Party which refuses to participate in the Arbitrator selection process shall provide be deemed to have waived the right to participate in that process and the Arbitrator shall be selected solely by the other Party. In either event, and regardless of whether one or both Parties participate in the ensuing arbitration process, the Arbitrator shall render a decision on the evidence and arguments presented which shall be final and binding on both Parties to the other Agreement and fully enforceable in a statement Court of facts and copies of competent jurisdiction. (ii) The Arbitrator shall have all relevant documentsnecessary powers to determine the real issue in dispute according to the merits and, if appropriate, award monetary payments, or adjustments consistent herewith. The findings or decisions of the Employer Arbitrator shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve alter in any way provisions of this Agreement. (iii) The Arbitrator’s fees and expenses and a court reporter’s fees (the grievancelatter only when both Parties request a reporter) shall be borne equally by both Parties. Expenses of witnesses, however, shall be borne by the Party who calls them.

Appears in 4 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For Section 13.1 A grievance is a dispute which arises concerning the purposes application, meaning or interpretation of this Agreement. The Agency and the Union will resolve grievances by informal methods if possible. At any Step of the grievance either Party may request a meeting that will be mutually arranged, to discuss the merits of the grievance. The Union and Management may mutually agree to extend grievance timelines. Any agreement reached in informal discussions will be put in writing and signed by the Parties involved, and a representative of the Union. Any affected employee, or the Union on an employee’s behalf, may file a grievance is defined as: (a) A difference arising between in writing with the parties relating to the interpretation, application, administrationHR Director, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. designee, within thirty (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (730) calendar days of the occurrence date of the grievancealleged breach of this Agreement, or the date the Union or employee knew of the alleged breach. The supervisor grievance must be written on an Official Grievance form and include: (a) a statement of the grievance and relevant facts; (b) the provision(s) of the Agreement alleged to have been violated; and (c) the remedy sought. The grievance can be submitted in person or by e-mail. The HR Director or designee will respond in writing to the grievant, the Union Representative who filed the grievance, and the Council Representative within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven fifteen (715) calendar days of the date the grievance was received, or date of the Step One 1 meeting, whichever was later. If the grievance shall be reduced to writingremains unresolved at Step 1, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented may appeal the grievance directly to the immediate supervisor Agency Executive Director, or Executive level designee, within fifteen (15) calendar days after the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee memberStep 1 response. The parties Agency Executive Director, or Executive level designee, will meet to discuss respond in writing within fifteen (15) calendar days after receipt of the grievance. Within seven grievance or fifteen (715) calendar days following the Step 2 meeting, the supervisor or the whichever is later. No person/department head shall give his/her written reply. If the grievance is not settled may be designated to provide a response at this step, Then within ten (10) calendar days of receiving the both Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to 1 and Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance2.

Appears in 4 contracts

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

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) Step 1 The dismissal, discipline or suspension of an aggrieved employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employeemay, with or without PBA representation, submit a Shop ▇▇▇▇▇▇▇ written grievance on the prescribed form to the Office of the Police Chief within twenty (20) calendar days after the occurrence of the matter from which the grievance arose. The grievance will be considered submitted when it is signed as received by the Department/City if delivered in person or Union Committee member (at when it is date/time stamped from a facsimile or e-mail to the Police Chief or designee. It is understood that in all discipline cases, "occurrence" is the date that Police Fiscal Services forwards the fully signed Employee Notice to the employee's option). The written grievance at this step, and at all steps thereafter, shall first discuss contain the following information: 1. A statement of the grievance with hisincluding date of occurrence, details, and facts upon which the grievance is based. 2. The article and section, if appropriate, of the Agreement alleged to have been violated. 3. The action, remedy, or solution requested by the employee. 4. Signature of aggrieved employee and/or the PBA representative, if applicable. If the employee is represented by the PBA, no employee signature is necessary for disciplinary grievances. 5. Date submitted. Grievances submitted which do not contain the above information shall be considered void and shall be returned to the employee or the PBA if it is representing the employee. The employee/her immediate supervisor grievant or department head within seven the PBA shall have five (75) additional calendar days to fully complete and resubmit the grievance. Within fifteen (15) calendar days of the occurrence receipt of the grievance. The supervisor will respond within three working days of discussing , the grievance Police Chief or designee shall meet with the employee. If grievant and/or the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meetingPBA representative, the grievance shall be reduced to writingif applicable, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss and seek a solution to the grievance. Within seven (7) calendar days following after the meeting, the supervisor Police Chief or the department head designee shall give his/her a response in writing to the grievant and the PBA representative as the case may be. The written replyresponse at this step and all steps thereafter shall contain the following information: 1. An affirmation or denial of the facts upon which the grievance is based. 2. An analysis of the alleged violation of the Agreement. 3. The remedy or solution, if any, to be made. 4. Signature of the appropriate management representative. Step 2 If the grievance is not settled resolved at this stepStep 1, Then the aggrieved employee and/or PBA representative, if applicable, may submit a written appeal to the Labor Relations Office within ten fifteen (1015) calendar days after receipt of the Police Chief or designee's written response. If Step 2 is the appropriate level to file the original grievance, the aggrieved employee may, with or without PBA representation, submit a written grievance on the prescribed form to the Labor Relations Office within twenty (20) calendar days after the occurrence of the matter from which the grievance arose. The Labor Relations Manager or designee, if deemed appropriate, shall meet with the aggrieved employee, Department management, and PBA representatives, if applicable, within fifteen (15) calendar days of receiving receipt of the Step Two response, written appeal to discuss and seek a resolution of the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Threegrievance. The Company and Union will meet within twenty-one Within fifteen (2115) calendar days of referral of after this meeting, the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party Labor Relations Manager or designee shall provide give a written recommendation to the other a statement of facts Police Chief or designee and copies of all relevant documentsto the aggrieved employee and/or PBA representative, if applicable. The findings or decisions of the Employer shall be presented Police Chief will then have fifteen (15) days to make any changes to the Union in writing within seven (7) calendar days of disciplinary action following the meetingrecommendation by the Labor Relations Manager or designee. If In the grievance is event the PBA representative; the employee, if not settled at this steprepresented by the PBA; and the Labor Relations Manager or designee mutually agree to waive Step 2, either party the PBA or aggrieved employee may refer the grievance proceed directly to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation as described in Article 10 of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceAgreement.

Appears in 4 contracts

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

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A 19.01 Any difference arising between the parties relating as to the interpretation, application, administration, operation or alleged violation of the Agreement this Agreement, including any difference arising over the suspension or dismissal of an Employee, and including the question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as followsfinally and conclusively resolved without stoppage of work in the following manner: STAGE 1: The employee, with or without a Shop ▇▇▇▇▇▇▇ with or Union Committee member (at without the employee's option), Employee(s) shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance matter with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then Employee's Supervisor within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar working days of the meetingalleged grievance first arising. If the grievance matter is not settled resolved within five (5) working days, then: STAGE 2: In cases involving employees in the Property Maintenance Department, the matter shall be submitted within five (5) working days in writing prior to discussion with the General Manager or designate. Should the matter not be resolved at this stepstage within ten (10) working days, either party may refer then: STAGE 3: The matter shall be discussed within five (5) working days between a grievance committee of the Board consisting of at least three (3) representatives of the Board and a grievance committee of the Union consisting of at least three (3) representative of the Union. Should the matter not be resolved within ten (10) working days, then: STAGE 4: The matter shall be referred to arbitration under Articles 7 or 8 within twenty-a Board of Arbitration of three (3) members. One (1) member shall be appointed by the Board and one (211) calendar by the Union. The third member, who shall be Chairman of the Arbitration Board, shall be appointed by the parties' appointees. Should the parties' appointees be unable to agree on a Chairman within five (5) days of the presentation appointment of the member last appointed, the Chairman shall be appointed by the Minister of Labour for the Province of British Columbia. By mutual agreement, both parties may agree on a single arbitrator. 19.02 Wherever a stipulated time limit is mentioned in this Article, the said time limit may be shortened or extended by the mutual written agreement of both parties. 19.03 Where a grievance involves a question of general interpretation or application of this decision. The Employer agrees that their representatives at Agreement or where a large group of Employees are involved in a grievance, Stage 1 may be by-passed and the Step 3 meeting have the authority grievance referred by either party directly to resolve the grievanceStage 2.

Appears in 4 contracts

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

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a a. A grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administrationmay be filed by any employee in his/her own behalf, or alleged violation jointly by a group of employees, or by the collective bargaining representative. b. Within seven calendar days of the Agreement including any question as event giving rise to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance the grievant shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss present the grievance with informally for disposition by his/her immediate supervisor or department head at any appropriate level of authority. Presentation of an informal grievance shall be a prerequisite to the institution of a formal grievance. c. If the grievant believes that the grievance has not been redressed within seven (7) calendar days, he/she may initiate a formal grievance within seven calendar days of the occurrence of the grievancethereafter. The supervisor will respond within three working days of discussing the A formal grievance can be initiated only by completing and filing with the employeeExecutive Officer a form provided by him/her for this purpose. d. Step 1 e. Step 2 1. If the grievance is not settled at this step: Then resolved in Step 1 to the satisfaction of the grievant, the party may, within not more than seven (7) calendar days from his/her receipt of the Chief’s decision, request consideration of the grievance by the Executive Officer by so notifying the Executive Officer in writing. 2. Within fifteen calendar days after such notification, the Executive Officer shall investigate the grievance, confer with persons affected and their representatives to the extent he/she deems necessary, and render a decision in writing. 3. If the decision of the Executive Officer resolves the grievance to the satisfaction of grievant, it shall bind the Authority. 4. If the decision of the Executive Officer does not resolve the grievance to the satisfaction of grievant, grievant may file a final appeal to Step One meeting3. f. Step 3 1. A final appeal to Step 3 may be filed, in writing, with the Executive Officer not more than seven calendar days from receipt by grievant of the Executive Officer’s decision. 2. At Step 3, the grievance may be determined by an arbitrator selected by mutual agreement between grievant and Executive Officer, provided they also agree on the issues to be arbitrated. Otherwise, the grievance shall be reduced to writing, signed determined by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and Board of Review. In such event, the decision of the Board of Review shall be presented to made in writing within thirty calendar days after the immediate supervisor or filing of the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee memberappeal. 3. The parties will meet to discuss decision of the grievance. Within seven (7) calendar days following arbitrator or of the meetingBoard of Review, as the supervisor or the department head case may be, shall give be final and binding on all parties. g. Any time limit may be extended only by mutual agreement in writing. h. An aggrieved employee may be represented by any person of his/her written replychoice at any stage of the proceedings. If A representative of the grievance collective bargaining agent is not settled entitled to be present at this stepall meetings, Then within ten (10) calendar days conferences and hearings. i. All expenses of receiving arbitration shall be shared equally by Authority and grievant. j. Failure on the Step Two responsepart of Authority or grievant to appear before the arbitrator, the Union Committee or its delegatewithout good cause, shall notify the Company result in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral forfeiture of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts case and copies responsibility for payment of all relevant documents. The findings or decisions costs of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancearbitration.

Appears in 4 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding

GRIEVANCE PROCEDURE. 26.01 For the purposes purpose of considering and attempting to settle any dispute or complaint regarding the interpretation, application, or administration of this Agreement, the procedure set out in this Article shall be followed. 26.02 The Union shall, no later than September 30 of each school year, appoint, and the Board shall recognize, a grievance is defined as:committee of the Union, representing all teachers employed by the Board, to deal with grievances. This committee, with regional representation, shall be known as the Union Grievance Committee. The Union shall inform the Director of Human Resources in writing of the members of the Committee or any change in the membership. (a) A difference arising between 26.03 If a teacher or the parties relating to Union has a dispute with the Board or its representative regarding interpretation, application, administration, or any alleged violation of this Agreement, the dispute shall constitute a grievance, and the teacher or the Union shall process the grievance according to the procedure in this Article. 26.04 Step 1 (a) The aggrieved teacher, with or without a representative and with or without a member of the Union Grievance Committee, shall submit the grievance to the Regional Director of the Region within ten (10) working days of the effective knowledge of the facts which gives rise to the alleged grievance. The teacher shall provide a statement with a summary of the facts giving rise to the grievance, identify the specific Article(s) of the Agreement including any question as alleged to whether have been violated, and describe the redress sought. The grievor shall provide the Union Grievance Committee with a matter is arbitrablecopy of the grievance. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days Regional Director of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance Region shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented reply in writing to the immediate supervisor or grievor and to the department head by a Shop ▇▇▇▇▇▇▇ or a Union Grievance Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar working days of receiving the grievance. (a) If the matter is not resolved at Step Two response1, the Union Grievance Committee or its delegate, shall notify submit the Company grievance in writing that to the grievance will proceed to Step Three. The Company and Union will meet Director of Human Resources within twenty-one ten (2110) calendar working days of referral receiving the reply in Step 1. (b) Within ten (10) working days of receipt of the grievance grievance, the Director of Human Resources shall meet with the Union Grievance Committee to Step Three attempt to discuss settle the grievance. At this step . (c) The Director of the grievance procedure, each party Human Resources shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented reply in writing to the Union in writing Grievance Committee within seven ten (710) calendar working days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance.

Appears in 4 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For The following are the purposes of this Agreement, a grievance is defined asimplementation steps and procedures for handling members’ grievances: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether A. Step One – Supervisor 1. When a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee member has a grievance, he/she shall then submit said grievance in writing to his/her supervisor on the grievance form agreed upon by the parties. Such form must be submitted to the supervisor within seven (7) calendar days following the date that the member becomes aware of the event or occurrence giving rise to the grievance. The supervisor shall date stamp the Form on the date of his receipt of it. Grievances submitted beyond the seven (7) day time limit need not be considered. 2. Within five (5) calendar days of the receipt of the written grievance, the supervisor shall affix his written response to the Form, date and sign his response, and return one copy of it to the grievant. If the aggrieved member does not refer the grievance to the Second Step of this Procedure within five (5) calendar days after his receipt of the decision rendered in this Step, the grievance shall be settled as follows: The employeeconsidered to be satisfactorily resolved. B. Step Two – Chief (or his designee) 1. Should the member-grievant not be satisfied with the answer in Step One, with within seven (7) calendar days after receipt of the Step One response (or without seven (7) calendar days after the Step One meeting if no written response is received) he may appeal the grievance to Step Two by delivering a Shop ▇▇▇▇▇▇▇ or Union Committee member (copy of the grievance form, containing the written response at the employee's optionprior step and any other pertinent documents, to the Chief (or his designee). The Chief or his designee shall date the form, shall first discuss accurately showing the grievance with his/her immediate supervisor date his Office received the form. 2. The Chief or department head his designee shall, within seven (7) calendar days of the occurrence receipt of the written grievance. The supervisor will respond within three working days of discussing , schedule and conduct a meeting to discuss the grievance with the employeegrievant and/or grievance chairman or his designee. If The Chief or his designee may bring with him to the meeting the member-grievant and appropriate grievance is not settled at this step: Then within representatives. The Chief or his designee and the employee may bring any appropriate witnesses. 3. Within seven (7) calendar days of the meeting at Step One meetingTwo, the grievance Chief or his designee shall be reduced submit his written response to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance.

Appears in 4 contracts

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

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) Step 1 The dismissal, discipline or suspension of an aggrieved employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employeemay, with or without PBA representation, submit a Shop ▇▇▇▇▇▇▇ written grievance on the prescribed form to the Office of the Police Chief within twenty (20) calendar days after the occurrence of the matter from which the grievance arose. The grievance will be considered submitted when it is signed as received by the Department/City if delivered in person or Union Committee member (at when it is date/time stamped from a facsimile or e-mail to the Police Chief or designee. It is understood that in all discipline cases, "occurrence" is the date that Police Fiscal Services forwards the fully signed Employee Notice to the employee's option). The written grievance at this step, and at all steps thereafter, shall first discuss contain the following information: 1. A statement of the grievance with hisincluding date of occurrence, details, and facts upon which the grievance is based. 2. The article and section, if appropriate, of the Agreement alleged to have been violated. 3. The action, remedy, or solution requested by the employee. 4. Signature of aggrieved employee and/or the PBA representative, if applicable. If the employee is represented by the PBA, no employee signature is necessary for disciplinary grievances. 5. Date submitted. Grievances submitted which do not contain the above information shall be considered void and shall be returned to the employee or the PBA if it is representing the employee. The employee/her immediate supervisor grievant or department head within seven the PBA shall have five (75) additional calendar days to fully complete and resubmit the grievance. Within fifteen (15) calendar days of the occurrence receipt of the grievance. The supervisor will respond within three working days of discussing , the grievance Police Chief or designee shall meet with the employee. If grievant and/or the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meetingPBA representative, the grievance shall be reduced to writingif applicable, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss and seek a solution to the grievance. Within seven (7) calendar days following after the meeting, the supervisor Police Chief or the department head designee shall give his/her a response in writing to the grievant and the PBA representative as the case may be. The written replyresponse at this step and all steps thereafter shall contain the following information: 1. An affirmation or denial of the facts upon which the grievance is based. 2. An analysis of the alleged violation of the Agreement. 3. The remedy or solution, if any, to be made. 4. Signature of the appropriate management representative. Step 2 If the grievance is not settled resolved at this stepStep 1, Then the aggrieved employee and/or PBA representative, if applicable, may submit a written appeal to the Labor Relations Office within ten fifteen (1015) calendar days after receipt of the Police Chief or designee's written response. If Step 2 is the appropriate level to file the original grievance, the aggrieved employee may, with or without PBA representation, submit a written grievance on the prescribed form to the Labor Relations Office within twenty (20) calendar days after the occurrence of the matter from which the grievance arose. The Labor Relations Manager or designee, if deemed appropriate, shall meet with the aggrieved employee, Department management, and PBA representative, if applicable, within fifteen (15) calendar days of receiving receipt of the Step Two response, written appeal to discuss and seek a resolution of the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Threegrievance. The Company and Union will meet within twenty-one Within fifteen (2115) calendar days of referral of after this meeting, the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party Labor Relations Manager or designee shall provide give a written recommendation to the other a statement of facts Police Chief or designee and copies of all relevant documentsto the aggrieved employee and/or PBA representative, if applicable. The findings or decisions of the Employer shall be presented Police Chief will then have fifteen (15) days to make any changes to the Union in writing within seven (7) calendar days of disciplinary action following the meetingrecommendation by the Labor Relations Manager or designee. If In the grievance is event the PBA representative; the employee, if not settled at this steprepresented by the PBA; and the Labor Relations Manager or designee mutually agree to waive Step 2, either party the PBA or aggrieved employee may refer the grievance proceed directly to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation as described in Article 10 of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceAgreement.

Appears in 3 contracts

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

GRIEVANCE PROCEDURE. For the purposes Any dispute alleging a violation of this Agreement, a grievance is defined as: Agreement (aexcluding jurisdictional disputes) A difference arising between shall be resolved in accordance with the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreementprocedure set forth herein. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her No grievance shall be settled as follows: The employeerecognized unless called to the attention of the Employer by the Union, with or without a Shop ▇▇▇▇▇▇▇ or to the Union Committee member by the Employer within five (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (75) calendar days of after the occurrence of the grievancealleged violation was committed. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance Grievances shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented appealed to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then next higher step within ten (10) calendar days of receiving after the Step Two response, meeting in the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Threelower step. The Company respective five-day and Union will meet within twentyten-one (21) calendar days of referral day limits between grievance steps may be extended by mutual agreement of the grievance to Step Three to discuss the grievanceparties. At this Settlement of grievances may be arrived at in any step of the grievance procedureprocedure and shall be final and binding upon the Union and the Employer. Step 1: Between the Employer and the Jobsite Representative Step 2: Between the Employer and the Business Representative of the local union Step 3: Between the Employer or the Contractor’s Labor Relations Manager and the International Union representative Step 4: If the parties are unable to effect an amicable settlement or adjustment of any grievance or controversy, each party said grievance shall provide be reduced to writing on a “Standard Grievance Form” provided by the Administrator of the General Presidents’ Project Maintenance Agreement (GPPMA). The written grievance shall be submitted to the other Joint Labor/Management GPPMA Grievance Committee for resolution. A decision rendered by the Grievance Committee shall be final and binding upon the parties. Step 5: A. Failure of the Joint Labor/Management GPPMA Grievance Committee to reach a statement decision shall constitute a basis for a submittal of facts and copies of all relevant documentsthe question by the moving party to the GPPMA Standing Arbitrator or his alternate (hereinafter referred to as “Arbitrator”). The findings or decisions moving party must submit the grievance to the Arbitrator not later than 30 calendar days after the date of the Employer failure of the grievance committee to render a decision. The Arbitrator shall be presented to coordinate with all parties in scheduling a mutually acceptable time and place for the Union in writing hearing within seven a reasonable time period. B. The Arbitrator will issue his decision within twenty (720) calendar days from the conclusion of the meetinghearing or submittal of briefs. If The decision of the grievance is Arbitrator shall be final and binding on the parties. The Arbitrator shall have no authority to change, amend, add to, or detract from any of the provisions of this Agreement. The decision of the Arbitrator shall only apply to the involved project and shall not settled at this stephave precedent value beyond that project. The total cost of the arbitration, either party may refer including the grievance Arbitrator’s fees and expenses, shall be borne equally by the parties and shall be paid by the parties to arbitration under Articles 7 or 8 the GPPMA Labor/Management Trust. The Trust in turn shall pay the fee and expenses of the Standing Arbitrator within twenty-one thirty (2130) calendar days of the presentation issuance of this his decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance.

Appears in 3 contracts

Sources: Project Maintenance Agreement, Project Maintenance Agreement, Project Maintenance Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a 1. Definition: A grievance is defined as: (a) A difference arising between as a dispute involving the parties relating to the interpretation, application, administration, or alleged violation or the interpretation of the Agreement including any question as to whether a matter is arbitrablespecific provision of this Contract. (b) The dismissal, discipline or suspension of an employee bound by this agreement2. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her A grievance shall be settled processed as follows: a. Step One: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), aggrieved administrator shall first discuss present the grievance with his/her to the immediate supervisor or department head within seven fourteen (714) calendar days of the occurrence of event upon which the grievance is based. If the grievance affects more than one person, the Association may file a written grievance. The immediate supervisor will respond shall give an answer in writing within three working days of discussing the grievance with the employee. fourteen (14) days. b. Step Two: If the grievance is not settled at this step: Then resolved to the satisfaction of the grievant, the grievant may, within seven ten (710) calendar days of after the Step One meetinganswer, present the grievance in writing to the Superintendent. The Superintendent will make every effort to decide the grievance within fourteen (14) days. The Superintendent will present a decision in writing. c. Step Three: If the grievance is not resolved to the satisfaction of the grievant, the grievant may, within ten (10) days after the Step Two answer, present the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented in writing to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee memberSchool Committee. The parties School Committee, or its counsel, will meet make a good faith effort to discuss decide the grievancegrievance within fourteen (14) days. The School Committee, or its counsel, will present its decision in writing. d. Step Four: If the grievance is not resolved to the satisfaction of the grievant, and if the grievance involves interpretation or application of any provision of this Contract, the Association may, by giving written notice to the School Committee within fourteen (14) days after the end of Step Three, submit the grievance to arbitration. Within seven (7) calendar school days following the meetingafter such notice, the supervisor or the department head shall give his/her written replyparties will mutually select an arbitrator. If the grievance is parties cannot settled at this step, Then agree on an arbitrator within ten (10) calendar days of receiving the Step Two responsethat time, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of Association may submit the grievance to Step Three to discuss binding arbitration under the grievance. At this step Voluntary Labor Arbitration Rules of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing American Arbitration Association within seven (7) calendar days thereafter. The fees of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days American Arbitration Association and of the presentation arbitrator and the expenses of this decision. The Employer agrees that their representatives at any required hearings shall be shared equally by the Step 3 meeting have Committee and the authority to resolve Association, but each party shall bear the grievanceexpenses of its representatives, participants, and for the preparation and representation of its own case.

Appears in 3 contracts

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

GRIEVANCE PROCEDURE. For 20.01 The parties to this Agreement recognize the purposes Stewards and the Union Representatives specified in Article 3 as the agents through which employees shall process their grievances and receive settlement thereof. 20.02 The Employer or the Union shall not be required to consider or process any grievance which arose out of any action or condition more than five (5) workdays after the subject of such grievance occurred. If the action or condition is of a continuing or recurring nature, this Agreement, a grievance is defined as: (a) A difference limitation period shall not begin to run until the action or condition has ceased. The limitation period shall not apply to differences arising between the parties hereto relating to the interpretation, application, administration, application or alleged violation administration of the Agreement including any question as to whether a matter is arbitrableAgreement. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has 20.03 A “Group Grievance” is defined as a single grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee memberRepresentative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the Grievance Procedure commencing with Step 1. The parties grievors will meet be listed on the grievance form. 20.04 A “Policy Grievance” is defined as one which involves a question relating to discuss the interpretation, application or administration of the Agreement. A Policy Grievance may be submitted by either party to arbitration under Article 20, by- passing Steps 1 and 2. Such Policy Grievance shall be signed by a ▇▇▇▇▇▇▇, a Union Representative, or in the case of an Employer's Policy Grievance, by the Employer or his representative. 20.05 Step 1 Any employee having a grievance will, accompanied by a ▇▇▇▇▇▇▇ or a Union Representative, submit the same to his immediate supervisor within five (5) work days of the act or condition causing the grievance. Within seven (7) calendar days This supervisor will deal with the grievance not later than the third work day following the meeting, the supervisor or the department head shall give his/her written reply. If day upon which the grievance is not settled at this step, Then within ten (10) calendar days of receiving submitted and will notify the Step Two response, grievor and the Union Committee or its delegate, shall notify the Company Representative of his decision in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancewriting.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a A grievance hereby is defined as: (a) A difference to be any controversy, complaint, misunderstanding or dispute arising between the parties relating to from the interpretation, application, administration, application or alleged violation observance or enforcement of any of the Agreement including provisions herein or any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluationsupplement hereto. If an employee has a grievance, his/her complaint or dispute, it shall be handled in the following manner. For the purpose of the section, days are defined as official office days, Monday - Friday, excluding weekends and holidays. FIRST STEP: When an employee has a grievance, he shall notify the Grievance Representative of the Association within five (5) days of the occurrence or knowledge thereof. The grievance shall be settled as follows: in writing. The Grievance Representative shall, upon notification of an employee's grievance, along with the employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss the grievance with hiseach superior in rank, if possible, in the chain of command within five (5) days following notification of occurrence. Each superior in rank should attempt to settle the dispute with the Grievance Representative and the employee involved, following procedures as agreed to by TFCA and the Chief/her immediate supervisor or department head Director. If the chain of command cannot be exhausted within seven (7) calendar days of the occurrence after notification of the grievance, the Association shall have the right to proceed to the next step. The supervisor will respond within three working SECOND STEP: If at the end of twelve (12) days of discussing the grievance with the employee. If the grievance dispute is not settled to the satisfaction of all parties concerned, the TFCA shall submit, in writing, the grievance to the Chief/Director of the Department. Delivery of grievances and grievance answers shall be at this step: Then Department Headquarters or by email to the Office of the Chief, to be followed up by an acknowledgement of receipt by either time stamp or reply email. The Chief/Director shall attempt to settle or have settled by his designated representative the grievance within seven (7) calendar days after the written submission to this office. If the answer of the Step One meetingChief/Director or his designated representative is not satisfactory, the grievance shall be reduced to writing, signed by then the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and the TFCA shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance.seven

Appears in 3 contracts

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

GRIEVANCE PROCEDURE. For The following procedure shall be used for the purposes resolution of this Agreementdifferences referred to in Article 9.01, a grievance is defined asother than for the suspension or dismissal of employees: Step 1 Within fourteen (a14) A difference arising between calendar days of when the parties relating employee first becomes aware of the matter giving rise to the interpretationdifference, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop the ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), choice) shall first discuss the grievance difference in a meeting with his/her the immediate supervisor. Where the immediate supervisor or department head is also the Step 2 designate, this stage may be eliminated. Step 2 If the difference is not satisfactorily settled under Step 1 then, within fourteen (14) calendar days after the completion of Step 1, the employee with a ▇▇▇▇▇▇▇ shall meet with the representative designated by the Employer with the authority to handle grievances at Step 2 to discuss and submit the grievance in writing. Within a further seven (7) calendar days of receipt of the written grievance, the representative designated by the Employer shall give a written response to the employee and the ▇▇▇▇▇▇▇. Should the grievance be denied, written explanations shall be given. If the grievance is not satisfactorily settled under Step 2, then the ▇▇▇▇▇▇▇ shall notify the Union within seven (7) calendar days of receipt of the occurrence of written response to the grievance. Where the Union submits the written grievance, Step 1 shall be eliminated and the Union shall be substituted for the employee in Step 2. Step 3 The supervisor will respond Union shall, within three working a further fourteen (14) calendar days of discussing this notification, discuss the grievance with the employeerepresentative designated by the Employer with the authority to handle grievances at Step 3 (who shall be outside the bargaining unit). If the grievance is not settled at this step: Then within Within a further seven (7) calendar days of the Step One 3 meeting, the representative designated by the Employer shall respond in writing to the Union. Should the grievance be denied, written reasons for denial shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee membergiven. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled Failing settlement at this step, Then the grievance may be referred to Industry Troubleshooter and/or arbitration within ten ninety (1090) calendar days from the date of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide written response to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceUnion.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For (a) Should a dispute arise between the purposes Employer and any employee or the Union regarding the interpretation, meaning, operation or application of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, such dispute shall be settled without interruption of the Employer’s business in the following manner: Step One: An employee shall within ten (10) working days of becoming aware of an occurrence that could become the matter of a grievance, bring the incident to the attention of his immediate supervisor verbally. The immediate supervisor shall respond verbally within five (5) working days of the meeting. Step Two: If the grievance is not resolved at Step One of the grievance procedure, the grievance shall be put in writing and presented to the immediate supervisor. The Operations Manager shall arrange a meeting of both parties to discuss the grievance within ten (10) working days of receiving the grievance and respond to the grievance in writing within five (5) working days of the meeting. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Failing satisfactory settlement being reached in Step One meetingTwo, the grievance shall be reduced to writingUnion shall, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar working days from the day the General Manager rendered his decision, give fifteen (15) working days notice in writing to the General Manager of its intention to refer the dispute to arbitration. (c) Within fifteen (15) working days of receiving a grievance being referred to arbitration the Step Two responseEmployer and the Union will agree on a sole arbitrator to hear the grievance. The expenses and remuneration of the arbitrator shall be borne in equal amounts by the Union and the Employer. The Arbitrator shall not have the power to alter, amend, modify, change, or make any decision inconsistent with the provisions of the Collective Agreement. (d) In the case of a suspension or discharge, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to may be submitted at Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral 2 of the grievance to Step Three to discuss process. (e) For any matter where the grievance. At this employee has a meeting with the Employer at any step of the grievance procedureprocedure concerning a grievance or potential grievance, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions employee may be accompanied by representatives of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceUnion.

Appears in 3 contracts

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

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a A grievance is shall be defined as: (a) A as any difference arising between the parties relating to out of the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrableCollective Agreement. (bA) In order to provide an orderly procedure for the settling of grievances, the Employer acknowledges the right of the Union to appoint, or otherwise select a Grievance Committee of five (5) members, who shall process any grievance in their department in accordance with the Grievance Procedure. (B) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable Employer shall recognize the Shop Stewards selected by the employee Union. Shop Stewards shall include written censures, letters investigate and attempt to settle disputes before reaching the Grievance Committee. (C) The Union shall notify the Employer in writing of reprimand, the name of each Grievance Committee member and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ before the Employer shall be required to recognize them. (D) In order that the work of the Employer shall not be unreasonably interrupted, Shop Stewards are required to advise their Supervisor of their time of departure and return to their regular duties when acting as Shop Stewards. (E) Should a dispute arise between the Employer and any employee(s) or the Union Committee member an ▇▇▇▇▇▇▇ effort shall be made to settle the dispute fairly and promptly in the following manner: Step 1: Within fifteen (at 15) working days from the employee's option)date the employee became aware of the alleged violation of the Collective Agreement, the employee shall first discuss the grievance matter with his/her their immediate supervisor or department head within seven (7) calendar days with a view to resolving the issue. Failing settlement at this stage, all grievances and replies shall be put in writing in all further stages of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. procedure. Step 2: If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and/or the grievance committee consider the grievance to be justified, a written grievance form will be submitted and shall be presented to the immediate supervisor or grievor along with the department head by a Shop ▇▇▇▇▇▇▇ or will seek to settle the dispute with the employee's work site excluded supervisor/Department Head, with a Union Committee member. The parties will meet copy to discuss the grievance. Within seven District Principal of Human Resources within ten (710) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. working days. Step 3: If the grievance is not settled at this step, Then resolved within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar working days of the meetingmeeting referred to in Step 2, the grievance may be presented in written form to the Associate Superintendent - Human Resources. The Associate Superintendent - Human Resources will meet with the grievor along with their Union representative in an attempt to resolve the dispute. Step 4: If the grievance is not settled resolved within ten (10) working days of the meeting referred to in Step 3, the Union may within ten (10) working days of receipt of the written decision under Step 3, refer the matter to the Step 4 Hearing Committee composed of two (2) appointees from the Union and two appointees from the Employer. Union appointees will be at this stepno cost to the Board. Step 5: Failing agreement being reached at Step 4, either party the Union may refer the grievance dispute to arbitration under Articles 7 or 8 Arbitration as per Article 14. The Union shall receive replies at each step within twenty-one ten (2110) calendar working days and will proceed to the succeeding step within ten (10) working days if applicable unless mutually agreed to otherwise. (F) The grievant shall have the right to be present at any step of the presentation of this decision. aforementioned procedure. (G) The Employer agrees that their representatives at that, after a grievance has been initiated by the Step 3 meeting have Union, the authority Employer’s representative will not enter into discussion or negotiation with respect to resolve the grievance, either directly or indirectly, with the aggrieved employee(s) without the consent of the Union. (H) Where a dispute involves a question of general application of interpretation or where a dispute involves five (5) or more employees, or dismissal of an employee, Steps 1 and 2 may be bypassed. (I) Replies to written grievances shall be in writing at all stages. (J) Grievances settled satisfactorily within the time allowed shall date from the time that the grievance was filed. (K) The Employer shall supply the necessary facilities for the grievance meetings. (L) Employees together with their Shop Stewards shall have access to all information in their personnel file. (M) If the grievant, Union or Management fails to process a grievance to the next step in the grievance procedure within the time limits specified they shall request an extension of the time limits in writing. Such requests shall not be unreasonably denied by the other party.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For A grievance is defined as a claim or dispute by any bargaining unit employee or the purposes Union concerning the interpretation or application of this Agreement. The parties encourage open communication between employees and their supervisors. Prompt resolution of personnel issues is important for good relations, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrablefairness and efficient operation. (b) The dismissal, discipline or suspension of an employee bound by this agreementStep 1. Disciplinary action grievable Grievances shall initially be taken up orally by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop and/or the Union ▇▇▇▇▇▇▇ and/or Union Representative with the immediate supervisor or Union Committee member (at the employee's option), shall first discuss Program Manager in an attempt to settle the matter on an informal basis. Step 2. If the grievance with is not satisfactorily settled at Step 1, it shall be reduced to writing by the employee or his/her immediate supervisor representative and submitted to the Associate Director in Marin County, or department head the Director of San Francisco Programs in San Francisco County. Such written grievance shall contain a clear written statement of the nature of the grievance, the date of the alleged violation, the Section(s) of the Agreement on which the Step 3. If the grievance is not satisfactorily settled at Step 2, it may be presented in writing to the Executive Director or designee by the Union within seven (7) calendar days after Step 2 is completed. Step 4. Provided a request is made in writing within fourteen (14) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing Executive Director’s or designee’s response, if the grievance with still remains unresolved, it may be directly referred by the employeeUnion to binding arbitration. If Upon receipt of a written request for arbitration of a grievance or dispute under this procedure, the grievance is Employer and the Union shall select a mutually agreeable impartial arbitrator. In the event that the parties cannot settled at this step: Then agree on an impartial arbitrator within seven (7) calendar days after receipt of the Step One meetingwritten request for arbitration, either party may request the Federal Mediation and Conciliation Service to submit a list of five (5) representative arbitrators. Each party shall alternately scratch two (2) names from the list, the grievance first scratch being selected by lot, and the person remaining shall be reduced the arbitrator. The arbitrator shall not have the power to writingadd to, signed subtract from or modify the terms of this Agreement. All expenses of arbitration, excluding costs of representation and witnesses, shall be paid equally by the employee Employer and a Shop ▇▇▇▇▇▇▇ or Union Committee member the Union. The decision of the arbitrator shall be final and binding upon the parties and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven issued within thirty (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (730) calendar days of the meetingarbitration hearing. Time limits may be extended or waived only by mutual agreement of the parties. If either party fails to comply with the grievance is not settled at this steptime limits, either party may refer the grievance to shall proceed through the Steps. The grievance procedure and arbitration under Articles 7 or 8 within twenty-one (21) calendar days provided for herein shall constitute the sole and exclusive method for determining settlements between the parties of any and all grievances herein defined. Expedited Arbitration: By mutual agreement of the presentation of this decision. The Employer agrees that their representatives at and the Step 3 meeting Union, grievances which are referred to binding arbitration may be addressed using expedited rules, which will include the following characteristics: (1) Extensive efforts shall be made prior to the hearing to stipulate to the facts; (2) no attorneys will be used, however, the parties shall have the authority right to resolve other representation; (3) there shall be no stenographic record of the grievanceproceedings; (4) only oral closing arguments will be used; no briefs; (5) only an oral bench decision shall be required.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Labor Contract, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a A grievance is defined as: (a) A difference as a dispute arising between under and during the parties relating term of this Agreement with respect to the interpretation, application, administration, or an alleged violation of the Agreement including any question as express terms or conditions of this Agreement. A grievance must be presented in writing at Step One within ten (10) working days of the date the employee becomes aware or reasonably should have become aware of the occurrence giving rise to whether the grievance. Failure to file a matter is arbitrablegrievance within such period shall constitute acceptance of the action taken by the Employer. Time limits specified in the Grievance Procedure are of the essence. If the Union does not file or appeal a grievance within the specified time limits, the grievance will automatically be disallowed. If the Employer does not respond within the specified time limits, the grievance will be deemed denied and shall automatically move to the next step. The time limits provided in the Grievance Procedure may be extended by a written agreement between the Employer and the Union. Any resolution or forfeiture of a grievance shall be final and binding upon the employee involved, the Union, and the Employer. (b) The dismissal, discipline or suspension of an STEP 1. Any employee bound by this agreement. Disciplinary action grievable having a grievance shall submit to the Monroe County Prosecutor a written grievance signed by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop the Chief ▇▇▇▇▇▇▇ or Union Committee member (at ▇▇▇▇▇▇▇ which states the employee's option)facts underlying the grievance, shall first discuss the grievance with his/her immediate supervisor or department head within seven (7specific provision(s) calendar days of the occurrence Agreement allegedly violated and the remedy sought. The Prosecutor (or his designee) will sign for receipt of the grievance. The supervisor will respond within three working days , note the date and time of discussing receipt, and return a copy to the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Chief ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to ▇▇▇▇▇▇▇. The Prosecutor (or his designee) will meet with the immediate supervisor or the department head by a Shop Chief ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇ and the grievant within ten (10) working days following receipt of a Union Committee member. The parties will meet grievance in an attempt to discuss resolve the grievance. Within seven A written answer will be submitted by the Prosecutor (7or his designee) calendar within ten (10) working days following the such meeting, the supervisor or the department head shall give his/her written reply. STEP 2. If the grievance is not settled satisfactorily resolved at this stepStep One, Then the Chief ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇ may appeal the decision by filing a written notice of appeal with the County's Human Resources Director (or his designee) within ten (10) calendar working days following receipt of receiving the Step Two responseOne answer. The Human Resources Director and the Prosecutor (or their respective designees), and such other persons as the Employer may deem appropriate, shall meet with the grievant, the Union Committee Chief ▇▇▇▇▇▇▇ or its delegate▇▇▇▇▇▇▇ and the Association's Representative or his designee) as soon as a meeting can be arranged, shall notify but not later than thirty (30) working days following the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral date of the grievance to Step Three to discuss the grievance. At this step of the grievance procedureOne answer, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority an attempt to resolve the grievance. The County's Human Resources Director shall furnish a written answer to the grievance within ten (10) working days after such meeting by delivering the answer to the Chief ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇ and the Prosecutor (or his designee).

Appears in 3 contracts

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

GRIEVANCE PROCEDURE. For 19.01 The parties to this Agreement recognize the purposes of this Agreement, a grievance is defined as: (a) A difference arising between Stewards and the parties relating to CLAC Representative specified in Article 3 as the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrableagents through which employees shall process their grievances and receive settlement thereof. (b) The dismissal, discipline or suspension of an 19.02 Any employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee who has a grievancecomplaint will, his/her grievance shall be settled as follows: The employee, with or without accompanied by a Shop ▇▇▇▇▇▇▇, or Union Committee member (at the employee's option)a CLAC Representative if she so desires, shall first discuss the grievance same with his/her immediate supervisor or department head within seven five (75) calendar days workdays of the occurrence of act or condition causing the grievancecomplaint. The This supervisor will respond within three working days of discussing the grievance deal with the employeecomplaint not later than the third workday following the day upon which the complaint is submitted and will notify the grievor and the Union Representative of his decision within five (5) workdays following the said meeting. If the grievance reply is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented satisfactory to the immediate supervisor or employee, she may process the department head complaint as a grievance by following the steps set out below. Step 1 The employee, accompanied by a Shop ▇▇▇▇▇▇▇ or a Union Committee memberCLAC Representative, may submit the same to her immediate supervisor within five (5) workdays of the decision reached above. The parties This supervisor will meet to discuss deal with the grievance. Within seven (7) calendar days grievance not later than the third workday following the day upon which the grievance is submitted and will notify the grievor and the Union Representative of his decision in writing within five (5) workdays following the said meeting, the supervisor or the department head shall give his/her written reply. . Step 2 If the grievance is not settled at under Step 1, a Union Representative will, within five (5) workdays of the decision under Step 1, or within five (5) workdays of the day this stepdecision should have been made, Then submit a written grievance to the Employer. The parties shall meet to discuss the grievance within ten one (101) calendar days of receiving week after the Step Two response, the Union Committee or its delegate, grievance has been filed. The Employer shall notify the Company grievor and the Union Representative of his decision in writing that within five (5) workdays following the said meeting. 19.03 A group grievance will proceed to Step Threeis defined as a single grievance, signed by a ▇▇▇▇▇▇▇, or a CLAC Representative, as well as the employees who have the same complaint. The Company and Union will meet within twenty-one (21) calendar days of referral Such grievances must be dealt with at successive stages of the grievance to procedure commencing with Step Three to discuss the grievance1. At this step of The grievors shall be listed on the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. form. 19.04 The findings Employer or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days shall not be required to consider or process "single" or "group grievances" which arise out of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 any action or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance.condition more than five

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For ‌ 10.01 Any complaint, disagreement, or difference of opinion between the purposes of Employer and the Union or the employees covered by this Agreement, which concerns the interpretation or application of the terms and provisions of this Agreement shall be considered a grievance is defined as:grievance. (a) A difference arising between 10.02 All grievances shall be resolved in accordance with the parties relating terms of this Agreement without stoppage of work, cessation of work, refusal to the interpretation, application, administrationwork or refusal to continue to work, or alleged violation of the Agreement including any question as to whether a matter is arbitrableslowdown. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. 10.03 If an any employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without they may request the assistance of a Shop ▇▇▇▇▇▇▇ or Union Committee member and/or Business Agent, however only one (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (71) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member will be present at any grievance meeting. The grievance will be dealt with as speedily and shall be presented to effectively in accordance with the following procedure: Step No. 1 The employee will verbally take up the matter within five (5) working days with the immediate supervisor Supervisor. The ▇▇▇▇▇▇▇ may attend if the employee requests assistance or may take up the department head by a matter on behalf of the employee. The Shop ▇▇▇▇▇▇▇ or will provide a Union Committee membercopy of the verbal form to management. The parties Supervisor will meet render a decision within five (5) working days. Step No. 2 Within five (5) working days, or on a date mutually agreed on between the Employer and the Union, after the decision is given under Step No. 1, the grievance may be submitted by the Union in writing to discuss the Employer’s Plant Manager or their representative, and the nature of the grievance, the remedies sought and the section or sections of the Agreement alleged to have been violated will be set out in the grievance. Within seven (7) calendar days following An authorized representative of the meetingUnion may be present if required by either party. It is understood the Employer’s Plant Manager, the supervisor or the department head shall give his/her written replytheir representative may have such counsel or assistance as they may desire. If the grievance is not settled at this step, Then The Employer’s decision will be delivered in writing within ten (10) calendar working days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral upon receipt of the grievance to Step Three to discuss at the Employer’s Plant location, or a date mutually agreed on between the Employer and the Union, from the date of presentation of the grievance. At this step of the . 10.04 It is agreed that a grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of arising directly between the Employer shall be presented to and the Union may be submitted in writing within seven five (75) calendar working days, or at a date mutually agreed on between the Employer and the Union, after the circumstances giving rise to the grievance have occurred, which shall be settled under the Grievance and Arbitration procedures set out herein, by: a) Confirming the Employer’s actions in dismissing or suspending the employee, or; b) Reinstating the employee with full compensation for the time lost, reduced by any outside earnings, or; c) By any other lesser penalty or compensation which is reasonable in the opinion of the parties or the Arbitrator, if appointed. d) Any discharged or suspended employee may, within three (3) days of their discharge or suspension, in writing, require the meeting. If Employer to give to them the grievance is not settled at this stepreasons for their discharge or suspension, either party may refer and the grievance Employer will give such reasons to arbitration under Articles 7 or 8 the employee, in writing, within twenty-one three (213) calendar days of such request, and in the presentation event of this decisionany dispute or difference as to whether or not there was proper cause for the discharge or suspension of an employee, only the reasons so set forth in writing shall constitute cause. 10.05 a) Upon the request of an employee who has received a suspension or discharge, the Employer will allow the employee to consult with the Union Official for a reasonable length of time immediately following the discipline meeting in a place designated by the Employer. The In case of written reprimand, consultation will be at a time mutually convenient to the Employer agrees that their representatives at and the Step 3 meeting have the authority to resolve the grievanceUnion.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For All grievances shall be handled in the purposes following manner: Step 1: An employee with a complaint shall discuss the matter with the Undersheriff within five (5) days from the date of this Agreementthe incident which gave rise to the grievance. If requested by the employee, a he or she may have his or her President or designee present. All settlements are subject to the approval of the Sheriff before they become final. Step 2: If the grievance is defined as: (a) A difference arising between not satisfactorily resolved, it shall be reduced to writing, setting forth the parties relating to facts, the interpretation, application, administration, specific provision or alleged violation provisions of the Agreement including any question as alleged to whether a matter is arbitrable. (b) The dismissalhave been violated and the relief requested, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable signed by the aggrieved employee and the President and, within five (5) days following the verbal discussion, presented to the Sheriff. The Sheriff, President or designee and the grievant, if requested by the President, shall include discuss the grievance in an attempt to resolve the grievance. The Sheriff shall place his or her answer on the grievance form and return it to the President within five (5) days following the meeting. Step 3a: In the event the grievance is not satisfactorily resolved at Step 2, it may be appealed by submitting a copy of the grievance to the Administration and County Services Committee of the board of Commissioners through the County Coordinator/Planner office, within five (5) days following receipt of the Sheriff’s written censuresanswer at Step 2. Within ten (10) work days after the grievance has been appealed, letters a meeting shall be held between representatives of reprimandthe Administration and County Services Committee and the Union. Either party may have non-employee representation present, and adverse reports or performance evaluationif desired. If an employee has In the event the meeting cannot be held within the ten (10) work day period, it shall be scheduled for a date mutually convenient to the parties without unreasonable delay. The employer shall place their written answer on the grievance no later than seven (7) days following the meeting. Step 3b: Prior to the request for arbitration of any unresolved grievance, his/her grievance either party may invoke a request for mediation of unresolved disputes. The party so requesting shall be settled as follows: The employeenotify the other party in writing. Upon notification, with or without the parties shall mutually agree upon a Shop mediator selected from ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employeeTraverse City mediation organizations. If the grievance a settlement is not settled at this step: Then within seven (7) calendar days reached as a result of the Step One meetingmediation, the grievance such settlement shall be reduced committed to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and . Time limits for filing of arbitration shall be presented to held in abeyance pending the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee membermediation process. The parties will meet to discuss shall equally share the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral cost of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancemediation service.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as followsA. Step 1: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days after the grievant, through the use of referral reasonable diligence, should have knowledge of the grievance event giving rise to Step Three the grievance, the grievant and/or Association representative shall arrange a meeting with the grievant's immediate supervisor to discuss resolve the grievance. At this step The grievance shall be identified as such and must be reduced to writing, dated, and formally filed with the immediate supervisor. The immediate supervisor's response to the grievance shall be given to the grievant and/or Association representative within fifteen (15) calendar days of said meeting. B. Step 2: If the grievance is not resolved to the satisfaction of the grievance Association at Step 1 of this procedure, each party shall provide the Association may within fifteen (15) calendar days after the immediate supervisor's response is given or due, whichever comes first, present the grievance in writing to the Appointing Authority's Human Resources office, or other a statement of facts and copies of all relevant documentsparty as designated by the Appointing Authority to process grievances. The findings or decisions written grievance shall state the nature of the Employer grievance, the facts upon which it is based, the provision(s) of the Agreement allegedly violated, and the relief requested. Within fifteen (15) calendar days after the Appointing Authority's Human Resources office, or other party as designated receives the written grievance, the Appointing Authority's representative shall arrange a meeting with the Association Representative to resolve the grievance. The Appointing Authority's representative shall respond to the grievance in writing to the Association Representative(s) and the Association within fifteen (15) calendar days of the meeting. C. Step 3: If the grievance still remains unresolved the Association may within fifteen (15) calendar days after the response of the Appointing Authority or their designee is due request arbitration of the grievance, by written notice to the State Negotiator. The arbitration proceedings shall be presented to conducted by a three member Board of Arbitration composed of one (1) representative of the Union in writing Association, one (1) representative of the Employer, and one (1) neutral member. The neutral member shall be selected by the parties within seven (7) calendar days of the meetingafter notice is given. If the grievance is not settled at this stepparties fail to agree on the neutral member within the said seven (7) day period, either party may refer request the Bureau of Mediation Services to submit a list of five (5) arbitrators. Each party shall have the right to alternately strike two (2) names from the list. If the parties fail to agree as to which party shall strike the first name, the decision shall be made by the flip of a coin. Instead of a three member Board of Arbitration, the Association and the Employer may mutually agree to submit the grievance to arbitration under Articles 7 or 8 a sole arbitrator. If the parties agree to submit the grievance to a sole arbitrator, and the parties fail to agree on the arbitrator within twenty-one seven (217) calendar days after the notice of arbitration is received, the arbitrator shall be selected in the same manner as the neutral member of the presentation Board of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceArbitration.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance All grievances shall be settled as follows: The employeein accordance with grievance procedure set forth below. Step 1 Any employee having a grievance shall first take up the matter with his department head or designated representative, with or without a Shop and Union ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of alternate in an effort to resolve the grievance. The supervisor will respond within three working days of discussing . Step 2 In the grievance with the employee. If event the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting1, the grievance it shall be reduced to writing, signed by the employee grievant and a Shop submitted to the aggrieved employee's Department Head within fifteen (15) work days of its occurrence. The written grievance shall be discussed between the ▇▇▇▇▇▇▇, or Union Committee member alternate, and shall be presented to the immediate supervisor Department Head, or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee memberhis designated representative. The parties will meet to discuss Department Head, or his designated representative shall give his written decision on the grievance. Within seven grievance within five (75) calendar work days following the termination of the Step 2 meeting. Step 3 In the event the grievance is not settled at Step 2, the supervisor Union may request a meeting to be held between the President and the Human Resources Director, or their designated representatives. Such request shall be made in writing to the department head Human Resources Director by the President, or his designated representative, within five (5) work days after receipt of the Step 2 answer. The Human Resources Director, or his designated representative, shall give his/her his written replydecision on the grievance within five (5) work days following the termination of the Step 3 meeting. Step 4 In the event the grievance is not satisfactorily settled at Step 3, either party may submit the matter to binding arbitration, by filing a Demand for Arbitration with the American Arbitration Association within twenty (20) work days after the receipt of the Step 3 answer. The Union shall provide a copy of its Demand for Arbitration to the Employer's Human Resources Director at the time of filing with the Association. If the grievance is not settled submitted to arbitration within such twenty (20) work day period, it will be considered closed on the basis of the Employer's Step 3 answer. Selection of the arbitrator and the arbitration hearing shall be governed by the Voluntary Labor Arbitration Rules of the American Arbitration Association in effect at the time the Demand for Arbitration is filed with the Association. The arbitrator's fees and expenses shall be shared equally by the parties. Each party shall be responsible for its own expenses, if any, in connection with the arbitration proceedings. The decision of the arbitrator must be based on an interpretation of one or more of the provisions of this stepAgreement or any supplement or amendment thereto. The arbitrator shall have no power to add to, Then within ten (10) calendar days of receiving take from, modify, or alter this Agreement or any supplement or amendment thereto. Any matter submitted to arbitration over which the Step Two responsearbitrator has no power to rule shall be referred back to the parties without decision. When rendered in accordance with his jurisdiction and authority, the arbitrator's decision shall be final and binding upon the Employer, the Union Committee and any employee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company employees involved and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall cannot be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancechanged by any individual.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For 27.1 To promote better relations, the purposes parties agree to settle any disputes as to meaning, interpretation, or application of this Agreement as follows: A. Step 1: Presentation of a dispute to the Association - Any employee with a dispute must first present the facts of the dispute to the Executive Board of the Association for review and recommendations by the Association’s attorney. If the Executive Board votes to withhold support for the grievance the employee may appeal to the general membership of the Association. If the general membership votes to withhold support for the grievance the Association shall inform the employee and the Fire Chief in writing that the employee is preceding without the support of the Association. B. Step 2: Dispute resolution - The employee and/or the Association shall attempt to resolve the dispute informally in a meeting with the Deputy Fire Chief or, in the absence of the Deputy Fire Chief, their designee. Failure of the Deputy Fire Chief or designee to schedule such a meeting in a timely manner will constitute a failure to resolve the dispute informally. C. Step 3: Filing a grievance with the Deputy Fire Chief - If the dispute is not resolved informally any employee or the Association may claim a grievance with the Deputy Fire Chief. The grievance shall be in writing and filed within thirty (30) calendar days from the occurrence thereof or the employee’s knowledge thereof. The grievance shall contain the following information: 1. A statement of the grievance and relevant facts upon which it is based; 2. The provision of the agreement violated; 3. The remedy being sought by the grievant to resolve the dispute. The Deputy Fire Chief shall respond to the grievance in writing within 14 calendar days with a copy to the Association and/or Grievant. D. Step 4: Filing a grievance with the Fire Chief- If the employee or the Association believes that the grievance shall still be adjusted; they will submit the grievance in writing to the Fire Chief within seven calendar days of the receipt of the Deputy Fire Chief’s response. The notice of grievance shall include the information stipulated in step three. The Fire Chief shall respond to the grievance in writing within 14 calendar days with a copy to the Association and/or Grievant. E. Step 5: Arbitration - Upon receipt of the Fire Chief’s response to the grievance the Association shall have seven calendar days to request that the grievance be submitted to an arbitrator. The grievance shall be submitted to an arbitrator within seven calendar days. If the parties cannot agree on an arbitrator within seven calendar days of submitting the grievance to arbitration the arbitrator shall be chosen in the following manner. 1. A list of five members of the State Conciliation Service shall be requested and the parties shall alternately strike one name from the list, until only one name is left. The order of striking names shall be determine by lot. 2. The arbitrator shall hold a hearing and issue a decision within 30 calendar days. The arbitrator's decision shall be in writing and shall set forth findings of fact, reasoning and conclusions on issues submitted including remedial action to be taken. The powers of the arbitrator shall be limited to interpreting this Agreement and determining if it has been violated, the arbitrator shall have no authority to alter, modify, vacate, or amend any terms of this Agreement, a grievance or to decide any condition which is defined as: (a) A difference arising between not specifically treated in this Agreement. • Insofar as the parties relating to the interpretation, application, administration, or alleged violation decision of the Agreement including any question arbitrator is within the scope of the arbitrator's authority, as to whether a matter described above, and is arbitrablebased on substantial evidence, the arbitrator's decision shall be final and binding on both parties. (b) 3. The dismissal, discipline or suspension costs of an employee bound by this agreement. Disciplinary action grievable the arbitrator shall be borne equally by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluationparties. If an employee has a grievance, his/her grievance Each party shall be settled responsible for costs of presenting its own case to arbitration. 4. Both parties shall in good faith disclose any information, material or testimony of witnesses as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss early as possible in the grievance with his/her immediate supervisor or department head within seven (7) calendar days procedure in order to encourage early settlement of contract disputes. 27.2 Any time limits specified in the grievance procedure may be waived by mutual consent of the occurrence of the grievanceparties. The supervisor will respond within three working days of discussing Failure to submit the grievance in accordance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance these time limits without such waiver shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral constitute an abandonment of the grievance by the Association. Failure on the part of the District to Step Three to discuss the grievance. At this step meet these time limits shall constitute resolution of the grievance procedure, each party shall provide to be made in favor of the other a statement of facts and copies of all relevant documentsAssociation. The findings District shall not be precluded from arbitrating the sole issue of an appropriate remedy if the remedy requested by the Association is determined to be frivolous given the disputed issue. A grievance may be terminated at any time upon receipt of a signed statement from the Association that the matter has been resolved. 27.3 All probationary and regular employees whose employment is governed by the terms of a current collective bargaining agreement and who want to appeal demotion, reduction in pay, suspension without pay or decisions of discharge decision must use the Employer shall be presented to grievance and arbitration procedure in their collective bargaining agreement. Such employees do not have appeal rights under the Union Civil Service rules unless they waive, in writing within seven (7) calendar days and in a timely manner, all rights granted to them to appeal such a decision under the current collective bargaining agreement including approval of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancesuch waiver by an authorized bargaining unit representative.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For 28.1 It is mutually agreed that it is the purposes spirit and intent of this AgreementAgreement to adjust, a grievance is defined as: (a) A difference as quickly as possible, grievances arising between from the parties relating to the interpretation, application, administration, interpretation or alleged violation of the Agreement including any question as to whether a matter is arbitrablethis Agreement. (b) 28.2 The dismissal, discipline or suspension of an parties recognize that the "Canada Labour Code" provides that any employee bound by this agreementmay present their personal grievance to the employer at any time. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her Any such grievance shall be settled subject to consideration and adjustment as followsprovided in the following articles on Grievance Procedure. 28.3 In the event of a dispute between any member or members of the bargaining unit and the Company, in reference to the application, administration, interpretation or alleged Step 1: The employeegrievance shall be reduced to writing and a copy thereof delivered to the President of the Company or designee, with and the International President of the Union or without a Shop ▇▇▇▇▇▇▇ or Union Committee member designee, within ten (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (710) calendar working days of the occurrence arising of such grievance. A copy shall also be simultaneously delivered to the employee designated by the employees as their Chairman of the grievanceGrievance Committee. Step 2: The grievance shall be discussed with the President of the Company or designee and the Local Grievance Committee consisting of not more than three (3) members. The supervisor will respond Such meetings shall take place within three five (5) working days of discussing the grievance with the employeefiling of such grievance. Appropriate records of such meetings shall be kept. Step 3: If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar working days of receiving after the meeting described in Step Two response2, the Union Committee or its delegate, dispute shall notify be discussed between the President of the Company in writing and the International President or their designees for further discussion and consideration. Step 4: In the event that the grievance will proceed to Step Three. The representatives of the Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing cannot reach agreement, either party may, by registered mail within seven thirty (730) calendar days of the meetingmeeting described in Step 3 submit the dispute to binding arbitration. The parties shall, within ten (10) days of the sending of the notice requesting arbitration, select a mutually acceptable arbitrator. If the grievance parties are unable to agree on the selection of an arbitrator within these ten (10) days, the Federal Minister of Labour shall be requested to appoint the arbitrator. The cost and/or expenses of such arbitration shall be borne equally by the Company and the Union, except that no party shall be obligated to pay the cost of a stenographic transcript without express consent. The person elected/appointed in accordance with the above, must agree prior to their appointment, to render an award within thirty (30) days from the date of the last day of the hearing. 28.4 The arbitrator shall not have the power to change, modify, extend or amend the provisions of this Agreement, but shall have the power to direct, if considered proper, that any employee who has been suspended, discharged, or otherwise disciplined without just and sufficient cause, shall be reinstated with any other benefit under this agreement which may have been lost. 28.5 In dismissals and matters of general concern where time is of the essence the matter shall be discussed between the representatives of the Company and the Union, and if not settled at this stepsatisfactorily settled, either party may refer the grievance matter to arbitration under Articles 7 or 8 within twenty-one (21) calendar days as provided in Step 4 of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceArticle 28.3.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For All grievances shall be handled exclusively as set forth in this Article. Grievances against MetroParks must be taken up within seven days of occurrence of the purposes incident giving rise to the grievance in order to be arbitrable and shall be disposed of this Agreement, a grievance is defined asin the following manner: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreementStep 1. Disciplinary action grievable by Between the employee shall include written censures, letters of reprimand, or employees involved and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employeetheir immediate supervisor and/or manager, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss representative. Within seven calendar days after the grievance with hisis presented to the supervisor, he/her immediate supervisor or department head within seven (7) calendar days of she will render a decision. Step 2. In the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If event the grievance is not settled at this step: Then within seven (7) calendar days of the in Step One meeting1, the grievance shall must be reduced to writing, signed by the employee grievant and a Shop ▇▇▇▇▇▇▇ or the Union Committee member representative, and shall be presented submitted to the immediate supervisor Human Resources Director, or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her designee, within seven calendar days after the supervisor shall have rendered his/her decision. The Union and MetroParks will arrange a Step 2 meeting within seven days of the submittal of the written replygrievance. If This meeting may be attended by the aggrieved employee, a Union representative, the Human Resources Director or his/her designee, and an additional representative on behalf of MetroParks. Step 3. In the event the grievance is not settled at this stepin Step 2, Then the Union may, within ten (10) seven calendar days after the Human Resources Director has rendered his/her decision, appeal the matter to the Executive Director. Within seven calendar days of receiving receipt of the Step Two responseappeal, the Executive Director or his/her designee shall meet with the employee and a Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed representative to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss review the grievance. At this step of the grievance procedure, each party The Executive Director shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union render his/her decision in writing within seven (7) calendar days of after the meeting. If Any grievance not appealed to the grievance is not Executive Director, as provided in Step 3, shall be considered settled at this step, either party may refer by the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days decision of the presentation of this decision. The Employer agrees that their representatives at the Human Resources Director in Step 3 meeting have the authority to resolve the grievance2.

Appears in 2 contracts

Sources: Labor Agreement, Labor Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a 6.01 A grievance is defined as: (a) A to be any difference arising between the parties or between an employee and the Employer, relating to the interpretation, application, administration, application or alleged violation administration of this agreement. 6.02 It is of the Agreement including any question utmost importance to adjust grievances as quickly as possible. To be considered, a grievance must be presented within ten (10) days from when the circumstances giving rise to whether a matter is arbitrableit occurred or originated. The time limit, in this Article may be extended by mutual written agreement. Saturdays, Sundays and Holidays are excluded from the time limits in this Article. (b) The dismissal, discipline or suspension of an Step 1 An employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has having a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first complaint should discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance it with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meetingDeputy Fire Chief first, the grievance shall be reduced to writing, signed accompanied by the employee and a Shop ▇▇▇▇▇▇▇ or his Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Grievance Committee member. If no settlement is reached, the matter may be formalized as a grievance and dealt with as follows; Step 2 The parties will grievance shall be presented in writing by the grievor and his Union ▇▇▇▇▇▇▇ or a Union Grievance Committee member, to the Fire Chief who shall render his decision in writing, within TEN (10) days from such presentation. If no settlement is reached, then; Step 3 Within five (5) days from receipt of the decision at Step 2, the Union shall submit the grievance to the City Manager who shall meet to discuss with the Union Grievance Committee, the following month of the grievance, on a date mutually agreed upon, to consider Step 3 grievances. Within seven (7) calendar days following The Union shall have the meetingright, at any time during the supervisor or Grievance process, to have the department head shall give his/her written replyassistance of a representative of the Local Union. If the grievance is not settled at this step, Then The City Manager will render his decision in writing within ten (10) calendar days of receiving the from such meeting. 6.03 If no settlement is reached at Step Two response3, the Union Committee or its delegatematter may be referred in writing by either party to arbitration within thirty (30) days from receipt of the decision at Step 3. 6.04 A grievance on behalf of more than one (1) employee may be presented directly at Step 2, listing the names of the grievors. A policy grievance initiated by the Union, shall notify the Company be submitted in writing that the grievance will proceed to writing, commencing at Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step 3 of the grievance procedure, each party shall provide within fifteen (15) days from where the circumstances giving rise to it occurred or originated. The time limits may be extended by mutual agreement. A policy grievance will confine itself to matters relating to the other a statement of facts and copies of all relevant documents. The findings interpretation, administration, application or decisions alleged violation of the Employer shall be presented agreement, which are inappropriate for an employee grievance single or group. 6.05 The arbitrator or the board will have no authority to the Union in writing within seven (7) calendar days alter, change, or modify any of the meetingterms and conditions of this Agreement. If Any question as to arbitrability will be determined by the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days arbitrator. 6.06 The decision of the presentation arbitrator will be final and binding. Each party to this agreement will pay the fees and expenses of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority arbitrator. 6.07 No person may be appointed as an arbitrator who has been involved in an attempt to resolve negotiate or settle the grievance. 6.08 Neither party shall disclose in any manner to the Board of Arbitration any information concerning previous offers of settlement made by the other party.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For 1. The Guild may appoint a committee to take up with The News any matter arising out of the purposes application of this Agreementcontract, or affecting the relations of the employees and The News. The News and the Guild agree to make every effort to settle every dispute, claim, difference or grievance arising out of this contract, or affecting the relations of the Guild and the employees with The News. Any such matter will be submitted by the complaining party in a letter to the other, briefly setting forth the facts giving rise to it, the ground of the complaint and the action sought. The Guild and The News will handle grievances expeditiously and diligently. 2. The parties agree to meet within five days at the request of either party for a grievance is defined as:meeting. (a) A difference 3. Any such grievance involving a matter arising between the parties relating to the interpretation, application, administration, or alleged violation out of the Agreement including any question as to whether a matter is arbitrable. application of this contract (bexcept renewal or modification of the contract) or affecting the relations of the employees and The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be News not satisfactorily settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar 30 days of the occurrence first consideration may be submitted to final and binding arbitration by either party. Such arbitration will be conducted pursuant to the voluntary labor arbitration rules of the grievanceAmerican Arbitration Association. The supervisor cost of such arbitration will respond within three working days of discussing be borne equally by the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days parties, except that neither party will be obligated to pay any part of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and cost of a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee memberstenographic transcript without express consent. The parties arbitrator will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve amend, change, modify, add to or subtract from any of the provisions of this contract, but will have the authority only to interpret and apply this contract. 4. If any of the following rules, which are not waived by The News, are not complied with by the Guild, the provisions of Section 4A of this article will not be effective as to the issue raised in the grievance. A. The Guild will invoke this section as follows: (1) At its option, the Guild may inform The News in writing, ifreceived by The News within five days (excluding Saturday and Sunday) after the act, event or occurrence complained of that it invokes the following provision: Conditions prevailing prior to the time of the act, event or occurrence will not be changed pending final resolution of the said grievance. (2) However, if the Guild has received two weeks notice by The News prior to the act, event, or occurrence any invocation of the provisions of Section 4A(1) must be made by the Guild within seven days of the giving of such prior notice by The News. (3) This section is not applicable to editorial decisions of the editor. B. However, it is understood that if any award for back pay will be made, such reimbursement will not exceed the amount the employee would have been paid by The News if he/she had continued in its employ, and the arbitrator will take into consideration whether a deduction will be made for any amounts the employee meanwhile may have earned elsewhere. From such award, if any, will be deducted any amount paid the employee through unemployment insurance. This will not be construed, in any manner, to mean that severance pay will be given in addition to back pay awarded to him/her. C. If Section 4A of this article is invoked, the Guild agrees to arbitration under the expedited arbitration rules of the American Arbitration Association.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For 25.01 Any complaint, disagreement or difference of opinion between the purposes Company, the Union or the employees covered by this Agreement, which concerns the interpretation or application of the terms and provisions of this Agreement, shall be considered a grievance is defined as:grievance. 25.02 In order to avoid any unnecessary grievances, the Company agrees in the event of layoffs, discharges or disciplinary actions other than verbal warning against any employee, to provide the employee concerned with the reasons in writing for such actions. A copy shall be handed to the Shop ▇▇▇▇▇▇▇ and one to the Union office. (a) A difference arising between Any documents signed by an employee, which deal with the parties relating to the interpretationemployee’s work performance, application, administrationdisciplinary action, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissaldischarge, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without considered null and void if a Shop ▇▇▇▇▇▇▇ or Union Committee member (Representative is not in attendance at the employee's option)time of signing; unless the employee declines Union representation in writing. The foregoing does not restrict the Company from suspending an employee without Union representation if a matter is of immediate urgency, such as a safety threat or a matter involving violence, and Union representation is not readily available. (b) By signing such a document an employee is acknowledging receipt of same only and does not prejudice their position with respect to Article 25. 25.04 Any employee who is given notice of dismissal shall first discuss have the grievance with his/her immediate supervisor or department head within seven (7) calendar days right to be interviewed by a Union ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premises of the occurrence of Company. 25.05 Any employee, the Union or the Company may present a grievance. The supervisor will respond Any grievance which is not presented within three fifteen (15) working days of discussing following the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the event giving rise to such grievance shall be reduced to forfeited and waived by the aggrieved party. Any grievance which is referred beyond Step 1 of the Grievance Procedure must be in writing, signed by . 25.06 The procedure for adjustment of disputes and grievances shall be as follows: (a) By discussion between the employee and the Union Representative, or by discussion between the employee and the Shop ▇▇▇▇▇▇▇. When an employee takes a grievance to the Union Representative or the Shop ▇▇▇▇▇▇▇, Step One of the Grievance Procedure shall be considered complied with, provided the Union Representative or the Shop ▇▇▇▇▇▇▇ discuss the matter with the Branch Manager or their designate within the time limit as indicated in Article 25.05 above. The Union Committee member and shall be presented to the immediate supervisor Representative or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within may proceed with Step Two within seven (7) calendar working days following of receiving a reply from the meetingCompany or within seven (7) working days of discussion with the Company. (b) If a satisfactory settlement is not reached at Step One, the supervisor or grievance shall be referred to the department head shall give his/her written replyGeneral Manager as a Step Two. If a satisfactory settlement cannot be reached at this level, the matter may be referred to arbitration within seven (7) working days of the decision of the Regional Manager or their designate. The Company agrees to notify the Union of the name and address of the Regional Manager and of any changes in same. (c) If the Union and the Company cannot reach an adjustment of any grievance, upon request of either party, the grievance is shall be submitted to an arbitrator. Such a request, by the Union, shall be made to the Company’s Manager, Industrial Relations, and by the Company shall be made to the Union Representative. If agreement cannot settled at this step, Then be reached within ten (10) calendar working days in respect to the selection of receiving an arbitrator by the Step Two responseparties involved, the Union Committee matter shall be referred to the Manitoba Labour Board, who shall appoint said arbitrator. (d) The person selected as arbitrator shall in no way be involved directly in the controversy under consideration or its delegatebe a person who has a personal or financial interest in either party to the dispute. (e) The arbitrator shall receive and consider such material evidence and contentions as the parties may offer, and shall notify make such independent investigation as he deems essential to a full understanding and determination of the Company in writing issues involved. (f) The arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement and shall not depend on or involve an issue or contention by either party which is contrary to the provisions of this Agreement, or which involves the determination of a subject matter not covered by or arising during the term of this Agreement. (g) The findings and decision of the arbitrator on all arbitrable questions shall be binding and enforceable on all parties involved. (h) It is the intention of the parties that the grievance will proceed to Step Threethis Section shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The Company parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Section. (i) The expenses and Union will meet within twenty-one (21) calendar days of referral fee of the grievance to Step Three to discuss arbitrator shall be borne equally by the grievance. At this step of the grievance procedure, each party shall provide parties to the other arbitration proceedings. (j) By mutual agreement, in the interest of settling a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented grievance prior to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this stepan arbitration hearing, either party may refer request the assistance of a grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days mediator from the Province of Manitoba conciliation services. In the event the costs of the presentation mediator are not borne by the Province of this decision. The Employer agrees Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceeding. 25.07 A claim by an employee that their representatives they have been discharged without just and sufficient cause shall be lodged at Step Two of the Step 3 meeting have the authority to resolve the grievanceabove procedure.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a A grievance is shall be defined as: (a) A as any difference arising between the parties relating to out of the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrableCollective Agreement. (bA) In order to provide an orderly procedure for the settling of grievances, the Employer acknowledges the right of the Union to appoint, or otherwise select a Grievance Committee of five (5) members, who shall process any grievance in their department in accordance with the Grievance Procedure. (B) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable Employer shall recognize the Shop Stewards selected by the employee Union. Shop Stewards shall include written censures, letters investigate and attempt to settle disputes before reaching the Grievance Committee. (C) The Union shall notify the Employer in writing of reprimand, the name of each Grievance Committee member and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ before the Employer shall be required to recognize him. (D) In order that the work of the Employer shall not be unreasonably interrupted, Shop Stewards are required to advise their Supervisor of their time of departure and return to their regular duties when acting as Shop Stewards. (E) Should a dispute arise between the Employer and any employee(s) or the Union Committee member an ▇▇▇▇▇▇▇ effort shall be made to settle the dispute fairly and promptly in the following manner: Step 1: Within fifteen (at 15) working days from the employee's option)date the employee became aware of the alleged violation of the Collective Agreement, the employee shall first discuss the grievance matter with his/her immediate supervisor or department head within seven (7) calendar days with a view to resolving the issue. Failing settlement at this stage, all grievances and replies shall be put in writing in all further stages of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. procedure. Step 2: If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and/or the grievance committee consider the grievance to be justified, a written grievance form will be submitted and shall be presented to the immediate supervisor or grievor along with the department head by a Shop ▇▇▇▇▇▇▇ or will seek to settle the dispute with the employee's work site excluded supervisor/Department Head, with a Union Committee member. The parties will meet copy to discuss the grievance. Within seven Director of Human Resources within ten (710) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. working days. Step 3: If the grievance is not settled at this step, Then resolved within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar working days of the meetingmeeting referred to in Step 2, the grievance may be presented in written form to the Associate Superintendent - Human Resources. The Associate Superintendent - Human Resources will meet with the grievor along with his Union representative in an attempt to resolve the dispute. Step 4: If the grievance is not settled resolved within ten (10) working days of the meeting referred to in Step 3, the Union may within ten (10) working days of receipt of the written decision under Step 3, refer the matter to the Step 4 Hearing Committee composed of two (2) appointees from the Union and two appointees from the Employer. Union appointees will be at this stepno cost to the Board. Step 5: Failing agreement being reached at Step 4, either party the Union may refer the dispute to Arbitration as per Article 14. The Union shall receive replies at each step within ten (10) working days and will proceed to the succeeding step within ten (10) working days if applicable unless mutually agreed to otherwise. (F) The grievant shall have the right to be present at any step of the aforementioned procedure. (G) Where a dispute involves a question of general application of interpretation or where a dispute involves five (5) or more employees, or dismissal of an employee, Steps 1 and 2 may be bypassed. (H) Replies to written grievances shall be in writing at all stages. (I) Grievances settled satisfactorily within the time allowed shall date from the time that the grievance was filed. (J) The Employer shall supply the necessary facilities for the grievance meetings. (K) Employees together with their Shop Stewards shall have access to all information in their personnel file. (L) If the grievant, Union or Management fails to process a grievance to arbitration under Articles 7 or 8 the next step in the grievance procedure within twenty-one (21) calendar days the time limits specified they shall request an extension of the presentation of this decisiontime limits in writing. The Employer agrees that their representatives at Such requests shall not be unreasonably denied by the Step 3 meeting have the authority to resolve the grievanceother party.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For The provisions of this Article shall be substituted for the purposes grievance procedure set forth in any Addenda. Should any dispute arise between the Employer and the employees, or the Employer and the Union concerning the application or inter- pretation of any provision of this Agreement, a grievance is defined asor concerning any term or condition of employment set forth in this Agreement, it shall be handled in the following manner: Step 1— The complaint shall be discussed with the aggrieved em- ployee, the immediate supervisor, and the Shop ▇▇▇▇▇▇▇, within five (a5) A difference arising between working days of the parties relating known occurrence giving rise to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrablecomplaint. Step 2— If the complaint is not resolved in Step one (b) The dismissal1), discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by then the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Local Union Committee member representative shall sub- mit a grievance in writing to the designated Company representa- tive on the designated grievance form within ten (at 10) working days after the employee's option)known occurrence giving rise to the grievance. Step 3— If an agreement cannot be reached in the second step, the matter shall first discuss then be referred to the grievance with his/her immediate supervisor or department head Local Union Business Agent within seven ten (710) calendar working days after receipt of the occurrence response of the grievanceCompany Representative. The supervisor will respond within three working days of discussing the grievance Company Representative shall meet promptly with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meetingLocal Union Business Agent, the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then grievant within ten (10) calendar working days of receiving in order to reach an adjustment to the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Threegrievance. The Company and Union will meet Representative shall respond in writing to this third step meeting within twenty-one three (213) calendar work- ing days of referral the meeting. Step 4— Any grievance not resolved in Step three (3) shall proceed to the established local area Cartage Services or regional Cartage Services Grievance Panel. Cases deadlocked will be forwarded as follows: UPS National Master Agreement (NMA) language will be docketed to the next National Grievance Committee; Cartage Ser- vices Supplemental language will be docketed to the next Joint Na- tional Cartage Services Grievance Committee; Discipline and Ad- denda/Rider language will be submitted to arbitration. Step 5— If the parties fail to reach a decision or agree upon a settle- ment of any grievance in Step four (4), the grievance may be sub- mitted to Step Three arbitration. If the parties cannot agree upon an impartial arbitrator within ten (10) working days from the date arbitration is invoked, then the parties shall jointly request the AAA or FMCS, in accordance with area practices, to discuss the grievance. At this step supply both parties with a list of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days impartial arbitrators. Each party shall alternately strike one (1) name from the list and the name of the meetingperson last remain- ing on the list shall be designated as the arbitrator and his appoint- ment shall be binding on both parties. If The arbitrator shall deal only with the grievance is not settled at this stepmatter which occasioned his appointment and his decision shall be final and binding upon both parties. In no case, either party however, may refer the grievance to arbitration under Articles 7 arbitrator make a decision which will in any way add to, subtract from, or 8 within twenty-one (21) calendar days of alter the presentation terms of this decisionAgreement. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance.fee of the

Appears in 2 contracts

Sources: Freight Pickup & Delivery Supplemental Agreement, Freight Pickup & Delivery Supplemental Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating Grievances shall be heard and resolved according to the interpretation, application, administration, or alleged violation of following procedure: Any Employee who believes that the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss the said grievance with his/her the Employee's immediate supervisor. Should the immediate supervisor or not resolve the issue, the Employee may directly approach the Employee's department head within seven (7) calendar days of the occurrence or site manager for discussion and possible resolution of the grievance. The supervisor will respond within three working This procedure should be instituted in a timely manner, generally no later than ten (10) business days of discussing the grievance with the employeeaggrieved incident. If the grievance is not settled satisfied at this step: Then the site or department level, the Employee shall submit the grievance directly to the General Manager, in writing, who shall be required to respond to the same within fifteen (15) business days. The General Manager shall respond to the aggrieved Employee, and advise the employee that the incident is being investigated. The General Manager shall be required to adjust any grievance submitted to the General Manager’s attention within one (1) month of receipt. Should the grievance not be adjusted to the satisfaction of the Employee, the Employee has the right of final appeal to the Board of Harbor Commissioners convened in a regular or special meeting, provided that the Employee appeals in writing to the Board of Harbor Commissioners within seven (7) calendar business days of receipt of the Step One General Manager’s decision. Except for the requirement that grievance hearings be held at a regular meeting, the provision of District Rule 14.06 applies to the grievance hearing process. The decision of the Board shall be reduced final. Employees have the absolute right to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled representation at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step all levels of the grievance procedure, each party . No grievance resolution shall provide to be made that violates the other a statement specific terms and conditions of facts and copies of all relevant documents. The findings or decisions employment as provided in the MOU without the agreement of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceUnion.

Appears in 2 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding

GRIEVANCE PROCEDURE. For 27.1 To promote better relations, the purposes parties agree to settle any disputes as to meaning, interpretation, or application of this Agreement as follows:‌ A. Step 1: Presentation of a dispute to the Association - Any employee with a dispute must first present the facts of the dispute to the Executive Board of the Association for review and recommendations by the Association’s attorney. If the Executive Board votes to withhold support for the grievance the employee may appeal to the general membership of the Association. If the general membership votes to withhold support for the grievance the Association shall inform the employee and the Fire Chief in writing that the employee is preceding without the support of the Association. B. Step 2: Dispute resolution - The employee and/or the Association shall attempt to resolve the dispute informally in a meeting with the Deputy Fire Chief or, in the absence of the Deputy Fire Chief, their designee. Failure of the Deputy Fire Chief or designee to schedule such a meeting in a timely manner will constitute a failure to resolve the dispute informally. C. Step 3: Filing a grievance with the Deputy Fire Chief - If the dispute is not resolved informally any employee or the Association may claim a grievance with the Deputy Fire Chief. The grievance shall be in writing and filed within thirty 1. A statement of the grievance and relevant facts upon which it is based; 2. The provision of the agreement violated; 3. The remedy being sought by the grievant to resolve the dispute. The Deputy Fire Chief shall respond to the grievance in writing within 14 calendar days with a copy to the Association and/or Grievant. D. Step 4: Filing a grievance with the Fire Chief- If the employee or the Association believes that the grievance shall still be adjusted; they will submit the grievance in writing to the Fire Chief within seven calendar days of the receipt of the Deputy Fire Chief’s response. The notice of grievance shall include the information stipulated in step three. The Fire Chief shall respond to the grievance in writing within 14 calendar days with a copy to the Association and/or Grievant. E. Step 5: Arbitration - Upon receipt of the Fire Chief’s response to the grievance the Association shall have seven calendar days to request that the grievance be submitted to an arbitrator. The grievance shall be submitted to an arbitrator within seven calendar days. If the parties cannot agree on an arbitrator within seven calendar days of submitting the grievance to arbitration the arbitrator shall be chosen in the following manner. 1. A list of five members of the State Conciliation Service shall be requested and the parties shall alternately strike one name from the list, until only one name is left. The order of striking names shall be determined by lot. 2. The arbitrator shall hold a hearing and issue a decision within 30 calendar days. The arbitrator's decision shall be in writing and shall set forth findings of fact, reasoning and conclusions on issues submitted including remedial action to be taken. The powers of the arbitrator shall be limited to interpreting this Agreement and determining if it has been violated, the arbitrator shall have no authority to alter, modify, vacate, or amend any terms of this Agreement, a grievance or to decide any condition which is defined as: (a) A difference arising between not specifically treated in this Agreement. Insofar as the parties relating to the interpretation, application, administration, or alleged violation decision of the Agreement including any question arbitrator is within the scope of the arbitrator's authority, as to whether a matter described above, and is arbitrablebased on substantial evidence, the arbitrator's decision shall be final and binding on both parties. (b) 3. The dismissal, discipline or suspension costs of an employee bound by this agreement. Disciplinary action grievable the arbitrator shall be borne equally by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluationparties. If an employee has a grievance, his/her grievance Each party shall be settled responsible for costs of presenting its own case to arbitration. 4. Both parties shall in good faith disclose any information, material or testimony of witnesses as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss early as possible in the grievance with his/her immediate supervisor or department head within seven (7) calendar days procedure in order to encourage early settlement of contract disputes. 27.2 Any time limits specified in the grievance procedure may be waived by mutual consent of the occurrence of the grievanceparties. The supervisor will respond within three working days of discussing Failure to submit the grievance in accordance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance these time limits without such waiver shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral constitute an abandonment of the grievance by the Association. Failure on the part of the District to Step Three to discuss the grievance. At this step meet these time limits shall constitute resolution of the grievance procedure, each party shall provide to be made in favor of the other a statement of facts and copies of all relevant documentsAssociation. The findings District shall not be precluded from arbitrating the sole issue of an appropriate remedy if the remedy requested by the Association is determined to be frivolous given the disputed issue. A grievance may be terminated at any time upon receipt of a signed statement from the Association that the matter has been resolved. 27.3 All probationary and regular employees whose employment is governed by the terms of a current collective bargaining agreement and who want to appeal demotion, reduction in pay, suspension without pay or decisions of discharge decision must use the Employer shall be presented to grievance and arbitration procedure in their collective bargaining agreement. Such employees do not have appeal rights under the Union Civil Service rules unless they waive, in writing within seven (7) calendar days and in a timely manner, all rights granted to them to appeal such a decision under the current collective bargaining agreement including approval of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancesuch waiver by an authorized bargaining unit representative.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An employee who contends that there has been a violation of the terms of this Agreement will first endeavor to rectify the alleged violation informally through discussion with his or her immediate supervisor/Department Head. Such discussion will be for a mutually convenient time, and will be scheduled as expeditiously as possible. The grievance may be presented at such an informal meeting by the grievant or by one officer or grievance committee member of Chapter R1-94. If the matter is not settled to the satisfaction of the grievant, the matter may then be moved to the first step of the grievance procedure. The filing of the grievance must occur within fourteen (14) days of the alleged violation or violations or of the date the employee knew, or should have known, of the alleged violation or violations. Step 1. The grievance will be submitted in written form to the Department Head (for Library Employees, the Library Director). For the purposes of this Agreement, a the grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation must state which Article of the Agreement including any question as to whether a matter is arbitrable. (b) has allegedly been violated and the relief or action sought. The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss Department Head will answer the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to in writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall such answer to be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then given within ten (10) calendar days of receiving receipt of the Step Two response, written grievance. If no additional action is taken by the Union Committee or its delegatewithin eighteen (18) days of receipt of the answer, shall notify the Company in writing that the grievance will proceed be considered settled. Step 2. If the answer received at step one is unacceptable to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the Union, the grievance may be moved to Step Three to discuss the grievance. At this second step of the grievance procedure. The grievance must be submitted, each party shall provide in writing, within ten (10) days of receipt of the first step answer, to the other a statement of facts and copies of all relevant documentsTown Manager. The findings or decisions written grievance will state what Article of the Employer shall be presented Agreement is alleged to have been violated and the relief or action sought. The Town Manager may request a meeting with the representative of the Union in writing to discuss the grievance, such meeting to be held within seven fifteen (715) calendar days of receipt of the meetingsecond step grievance. Whether such a meeting is held or not, the Town Manager will answer the grievance within eighteen (18) days of receipt of the second step grievance. Step 3. If the grievance answer received is not settled at this stepunacceptable to the Union, either party may refer the grievance may be moved to the third step of the grievance procedure. The grievance must be submitted, in writing, within ten (10) days of receipt of the third step answer, to the Select Board. The written grievance will state what Article of the Agreement is alleged to have been violated and the relief or action sought. The Select Board may request a meeting with the representative of the Union to discuss the grievance, such meeting to be held within fifteen (15) days of receipt of the third step grievance. Whether such a meeting is held or not, the Select Board will answer the grievance within eighteen (18) days of receipt of the third step grievance. If the Union fails to notify the Town, through its Select Board, of its intention to take the case to arbitration under Articles 7 or 8 within twenty-one fifteen (2115) calendar days of receipt of the presentation of this decisionthird step answer, the grievance will be considered settled. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceAll grievance meetings will be in executive session.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For A. First Step - An attempt shall be made to resolve any grievance in informal, verbal discussion between complainant and their program administrator. B. Second Step - If the purposes of this Agreementgrievance cannot be resolved informally, the aggrieved employee shall file the grievance in writing with the program administrator, and, at a mutually agreeable time, discuss the matter with the program administrator. The written grievance is defined as: (a) A difference arising between shall state the parties relating to the interpretation, application, administration, or alleged violation nature of the Agreement including any question as grievance, shall note the specific clause or clauses of the contract alleged to whether a matter is arbitrable. (b) The dismissalbe misrepresented, discipline violated or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimandmisapplied, and adverse reports or performance evaluationshall state the remedy requested. If an employee has a grievanceThe filing of the formal, his/her written grievance shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss second step must be within twenty (20) days from the grievance with his/her immediate supervisor or department head within seven (7) calendar days date of the occurrence of the event giving rise to the grievance. The supervisor will respond program administrator shall make a decision on the grievance and communicate it in writing to the employee and the Superintendent within three working ten (10) school days after receipt of the grievance. C. Third Step - In the event a grievance has not been satisfactorily resolved at the second step, the aggrieved employee shall file, within five (5) school days of discussing the program administrator’s written decision at the second step, a copy of the grievance with the employeeSuperintendent. If the Within ten (10) school days after such written grievance is not settled at this step: Then within seven (7) calendar days of the Step One meetingfiled, the grievance aggrieved and the Superintendent or their designee shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven The Superintendent/designee shall file an answer within ten (710) calendar school days following of the meeting, third step grievance meeting and communicate it in writing to the supervisor or employee and the department head shall give his/her written reply. program administrator. D. Fourth Step - If the grievance is not settled resolved satisfactorily at this stepstep three, Then there shall be available a fourth step of impartial, binding arbitration. The Association may submit, in writing, a request on behalf of the Association and the grieving employee to the Superintendent within ten thirty (1030) calendar days from receipt of receiving the Step Two responseThree answer, to enter into such arbitration; the Union Committee or its delegate, shall notify arbitrator to be selected by the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing two parties within seven (7) calendar days of the meetingafter said notice is given. If the grievance is not settled two parties fail to reach agreement on an arbitrator within seven (7) days, the American Arbitration Association will be requested to provide a panel of seven (7) arbitrators. Each of the two parties will alternately strike one name at this step, either party may refer a time from the grievance to arbitration under Articles 7 or 8 within twenty-panel until only one (211) calendar days shall remain. The remaining name shall be the arbitrator. The decision of the presentation of this decisionarbitrator shall be binding. Expenses for the arbitrator's services shall be borne equally by the Board and the Association. The Employer agrees that arbitrator, in their representatives at opinion, shall not amend, modify, nullify, ignore and add to the Step 3 meeting have provisions of the Agreement. The arbitrator’s authority shall be strictly limited to resolve deciding only the grievanceissue or issues presented to them in writing by NSSEO and the Association, and their decision must be based solely and only upon their interpretation of the meaning or application of the express relevant language of the Agreement.

Appears in 2 contracts

Sources: Contract Agreement, Contract Agreement

GRIEVANCE PROCEDURE. For (1) The Employer and the purposes of this Agreement, a grievance is defined asUnion recognize that grievances may arise concerning: (a) A difference arising differences between the parties relating to Parties respecting the interpretation, application, administrationoperation, or any alleged violation of the Agreement a provision of this Agreement, including any a question as to whether or not a matter is arbitrable.subject to arbitration; or (b) The the dismissal, discipline discipline, or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has Agreement. (2) The procedure for resolving a grievance, his/her grievance shall be settled as followsthe grievance procedure in this Article. (3) Where the Union or the Employer submits a policy or general grievance, such grievance will be in writing and will commence at Step 2 of the grievance procedure. (4) The time limits set out below may be altered by agreement of the Parties. Step 1: The employeeWithin seven (7) calendar days after the occurrence of the grievance or within seven (7) calendar days after the employee first becomes aware of the alleged violation giving rise to the grievance, the employee shall, with or without a Union representative (at the employee’s choice), discuss the matter with the immediate supervisor who is excluded from the bargaining unit. Within seven (7) calendar days from the discussion the immediate supervisor designated by the Employer shall give a written response to the employee and the Union representative. Step 2: If the matter is not resolved in the informal process in Step 1, the employee with the assistance of the Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option)Member, shall first discuss the may submit a written grievance with his/her immediate supervisor or department head within not later than seven (7) calendar days of after Step 1 is completed to the occurrence Executive Health Director or his/her designate setting out the nature of the grievance, the circumstances in which it arose, and shall state the Article(s) of the Agreement alleged to have been violated and the remedy or correction required. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced transmitted to writing, signed the Executive Health Director or designate by the employee and a Shop Union ▇▇▇▇▇▇▇ or Union Committee member and shall Member. Receipt of Grievance by designated management representative must be presented to the immediate supervisor or the department head confirmed by a Shop union ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following after the meetingreceipt of the written grievance, the supervisor Executive Health Director or the department head designate shall give a written response to the employee and the Union representative and, if the grievance is denied, the response will include an explanation for the denial. Step 3: A Union/Management Committee comprised of two (2) Union Representatives and the Secretary-Business Manager or his/her written reply. If designate and two (2) Employer Representatives and the grievance is not settled at this stepExecutive Health Director or designate, Then within ten or one (101) calendar days of receiving Employer Representative and the Step Two response, the Union Committee or its delegate, Executive Health Director and designate shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three or other mutually agreed time to discuss the grievance. At this step of the grievance procedure, procedure each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions decision of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, step either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decisionArticle 9. The Employer agrees Both Parties agree that their representatives at the Step 3 meeting have the authority to resolve the grievance.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For ‌ A. Definition (Full-Time and Part-Time)‌ A grievance is any claim by the purposes Union or an employee that there has been a violation, misrepresentation, or misapplication of the terms of this Agreement. B. Procedures (Full-Time and Part-Time)‌ The parties agree that it is usually most desirable for an employee and his or her immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, a Union Representative may accompany the employee to assist in the informal or formal resolution of the grievance. If the informal process fails to satisfy the employee or the Union, a grievance is defined asmay be processed using the following steps: (a) A difference arising between Step 1 The employee or the parties relating Union may present a grievance in writing to the interpretation, application, administrationimmediately involved supervisor, or alleged violation to the person who has the authority to adjust the issue of the Agreement including any question as grievance, within ten (10) working days following the end of the informal process or within twenty (20) working days following the date of the act or omission giving rise to whether a matter is arbitrable. (b) The dismissal, discipline the grievance or suspension of an employee bound by this agreement. Disciplinary action grievable by following the date on which the employee shall include written censuresknew or, letters in the exercise of reprimandreasonable diligence if that date is later, and adverse reports or performance evaluationshould have known of such act of omission. If an employee has The Supervisor will arrange for a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days meeting of the occurrence affected parties within six (6) working days after receipt of the grievance. The supervisor will respond Supervisor shall provide a written response to the grievant within three ten (10) working days of discussing after the grievance with meeting. The response shall include a reason for the employee. decision. Step 2 If the grievance is not settled at this step: Then within seven (7) calendar days resolved to the satisfaction of the employee or the Union at Step One meeting1, then the Union may refer the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor College President or the department head by a Shop ▇▇▇▇▇▇▇ his or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then official designee within ten (10) calendar working days after receipt of the response in Step 1. The College President or his or her designee shall arrange with the Union Representative for a meeting to take place within ten (10) working days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral College President's receipt of the grievance appeal. Each party shall have the right to Step Three to discuss the grievance. At this step of the grievance procedure, include in its representation such witnesses and counsel as each party shall provide to the other a statement of facts and copies of all relevant documentsdeems necessary. The findings or decisions of the Employer shall be presented to the Union in writing within seven Within ten (710) calendar working days of the meeting. If , the grievance is not settled at this stepUnion shall be provided with a written response from the College President or his or her designee, either party may refer including the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of reasons for the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance.Step

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For (1) The Employer and the purposes of this Agreement, a grievance is defined asUnion recognize that grievances may arise concerning: (a) A difference arising differences between the parties relating to Parties respecting the interpretation, application, administrationoperation, or any alleged violation of the Agreement a provision of this Agreement, including any a question as to whether or not a matter is arbitrable.subject to arbitration; or (b) The the dismissal, discipline discipline, or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has Agreement. (2) The procedure for resolving a grievance, his/her grievance shall be settled as followsthe grievance procedure in this Article. (3) Where the Union or the Employer submits a policy or general grievance, such grievance will be in writing and will commence at Step 2 of the grievance procedure. (4) The time limits set out below may be altered by agreement of the parties. Step 1: The employeeWithin seven (7) calendar days after the occurrence of the grievance or within seven (7) calendar days after the employee first becomes aware of the alleged violation giving rise to the grievance, the employee shall, with or without a Union representative (at the employee’s choice), discuss the matter with the immediate supervisor who is excluded from the bargaining unit. Within seven (7) calendar days from the discussion the immediate supervisor designated by the Employer shall give a written response to the employee and the Union representative. Step 2: If the matter is not resolved in the informal process in Step 1, the employee with the assistance of the Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option)Member, shall first discuss the may submit a written grievance with his/her immediate supervisor or department head within not later than seven (7) calendar days after Step 1 is completed to the Executive Director of his designate setting out the occurrence nature of the grievance, the circumstances in which it arose, and shall state the Article(s) of the Agreement alleged to have been violated and the remedy or correction required. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced transmitted to writing, signed the Employer by the employee and a Shop Union ▇▇▇▇▇▇▇ or Union Committee member and shall Member. Receipt of Grievance by designated management representative must be presented to the immediate supervisor or the department head confirmed by a Shop union ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following after the meetingreceipt of the written grievance, the supervisor Executive Director or the department head his designate shall give his/her a written reply. If response to the employee and the Union representative and, if the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two responsedenied, the response will include an explanation for the denial. Step 3: The Employer and the Union Committee or its delegateStaff representative, with a ▇▇▇▇▇▇▇, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three or other mutually agreed time to discuss the grievance. At this step of the grievance procedure, procedure each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions decision of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, step either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decisionArticle 9. The Employer agrees Both parties agree that their representatives at the Step 3 meeting have the authority to resolve the grievance.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation 7:01 Employees of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension Company who are members of an employee bound by this agreement. Disciplinary action grievable the Union shall be selected by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled Union as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or ▇. The Union Committee member (at the shall Step One – The employee's option), shall first discuss the grievance along with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member if he/she so desires, shall submit a grievance in writing and shall be presented to meet with the immediate supervisor Supervisor, or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet his/her delegate, to discuss the grievance. Within seven (7) calendar days following the meetingThe Supervisor, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other render a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union decision in writing within seven (7) calendar days of following the meetingmeeting to the ▇▇▇▇▇▇▇, the Unit Chairperson, and the Gas Unit President. Step Two – If the grievance is not settled resolved at this step“Step One” then the Union may request in writing, either party may refer within a further ten (10) calendar days, a meeting with Company Management. The Company will arrange to meet with the grievance to arbitration under Articles 7 or 8 Union within twenty-one fourteen (2114) calendar days of the presentation Union appealing a grievance to Step 2 of the process. 7:02 A grievance shall be deemed waived unless the matter is processed by the Union to the Company within twenty (20) calendar days from the date the misunderstanding arises, as long as the employee or Union had a reasonable opportunity to learn of the infraction. (a) The Union shall have the right to initiate a group grievance (that is a grievance involving a group of employees as a result of similar circumstances) or a policy grievance (that is a grievance of a general nature with no individual remedy) by submitting and processing it in accordance with “Step Two” in Section 7:01 of this decisionArticle. (b) The Company shall have the right to initiate a grievance(s) relating to any difference in interpretation, application or administration of the Agreement, including any question whether a matter is arbitrable, or where an allegation is raised that the Agreement has been violated, under “Step Two” preceding. 7:04 In the event of a claim by an employee that he/she has been unjustly discharged, the claim in the form of a grievance may be processed at “Step Two” of the grievance procedure within seven (7) calendar days from the date that the discharge took place. The Employer agrees grievance may be settled by the parties to the Collective Agreement or failing to do so by the Arbitration Board or Sole Arbitrator by (a) confirming the Management’s decision of discharging the employee; or (b) reinstating the employee with full compensation for the lost time; or (c) any other arrangement which is agreed to by the conferring 7:05 Should the Union fail to carry on a grievance within the time limits set out in this Article, or agreed upon, then the grievance shall be deemed to be abandoned. Should the Company fail to answer a grievance within the time limits set out in this Article, or agreed upon, then the grievance shall be awarded to the grievor or grievors concerned. 7:06 Members of the Grievance Committee will not lose pay for time spent during regularly scheduled working hours attending scheduled meetings with Management Representatives except for time spent on Arbitration. 7:07 A Shop ▇▇▇▇▇▇▇ involved in processing a grievance or wishing to discuss matters involving the Collective Agreement must first obtain permission from his/her Supervisor, or his/her Delegate, before leaving work. The Supervisor or Delegate will endeavour as promptly as possible to provide a reasonable time period in order that their representatives the Shop ▇▇▇▇▇▇▇ may perform such functions. The Shop ▇▇▇▇▇▇▇ shall not suffer a loss of pay for the time so spent during the regular working hours. 7:08 Where a grievance is not settled under the preceding Sections of this Article, including the question of whether or not a matter is arbitrable, or where an allegation is made that this Collective Agreement has been violated, either of the parties may notify the other party in writing of its desire to submit the grievance or allegation to arbitration within thirty (30) calendar days from the date of Management’s answer at “Step Two”. 7:09 Where a difference arises between the Step 3 meeting have parties relating to the authority interpretation, application or administration of this Collective Agreement, including any question as to resolve whether a matter is 7:10 If the application of Section 7:09 results in a desire to constitute an Arbitration Board, the two (2) appointees so selected shall within five (5) days of the appointment of the second of them, appoint a third person who shall be Chairman. If the recipient of the notice fails to respond within the time limit, or if the two (2) appointees fail to agree upon a Chairman within the time limit or if the parties fail to agree on a Sole Arbitrator within the time limit, then the appointment of a Chairman or Sole Arbitrator shall be made by the Minister of Labour upon the request of either party. The Arbitration Board or Sole Arbitrator shall hear and determine the difference or allegation and shall issue a decision which shall be final and binding upon the parties and upon any employee affected by it. In the case of a Board, the decision of the majority shall be the decision of the Arbitration Board, but if there is no majority, the decision of the Chairman shall govern. 7:11 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the parties hereto will bear the expense of its appointee to an Arbitration Board and the parties will jointly bear the expenses, if any, of the Chairman of the Arbitration Board or Sole Arbitrator. The proceedings 7:12 The Arbitration Board or Sole Arbitrator is not authorized, nor is there any jurisdiction to alter, amend, change, add to or modify any part or provision of this Collective Labour Agreement.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For 12.01 In order to provide an orderly procedure for the purposes settling of grievances the Employer acknowledges the right of the Union to appoint, or otherwise select a grievance committee of two (2) members, whose duties shall be to process any grievance in accordance with the grievance procedure. 12.02 The Employer shall recognize shop stewards appointed or otherwise selected by the Union, whose duties shall be to investigate and to attempt to settle disputes before reaching the grievance committee. 12.03 The Union shall notify the Employer in writing of the name of each grievance committee member and shop ▇▇▇▇▇▇▇ before the Employer shall be required to recognize them. 12.04 In order that the work of the Employer shall not be unreasonably interrupted, the shop ▇▇▇▇▇▇▇ shall not leave his work without obtaining permission of his supervisor. Such permission shall not be unreasonably withheld. 12.05 The Employer agrees that, after a grievance has been initiated by the Union, the Employer's representatives will not enter into discussion or negotiation with respect to the grievance, either directly or indirectly with the aggrieved employee without the consent of the Union. In the event that, after having initiated a grievance through the grievance procedure, an employee endeavours to pursue the same grievance through any other channel, then the Union agrees that, pursuant to this article, the grievance shall be considered to have been abandoned. 12.06 Should a dispute arise between the Employer and any employee(s) or the Union regarding interpretation, meaning, operation or application of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of where an employee bound by allegation is made that this agreement. Disciplinary action grievable by the employee shall include written censuresAgreement has been violated, letters of reprimandor should any other dispute arise, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or effort shall be made to settle the dispute in the following manner: Step 1: The aggrieved employee(s) shall submit the grievance to the shop ▇▇▇▇▇▇▇. Grievances shall be initiated with all dispatch but at all times within thirty (30) days. Step 2: If the Union Committee member (at grievance committee considers the employee's optiongrievance to be justified, the employee(s), together with his ▇▇▇▇▇▇▇, shall first discuss seek to settle the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance dispute with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Regional District administrator. The TNRD administrator or Union Committee member and his designate to give decision within five (5) working days. Step 3: Failing agreement being reached in Step 2, application shall be presented made to the immediate supervisor or Employer in writing, stating the department head by grievance concerned and a Shop hearing shall be granted at the next meeting of the Employer following the application. Union to receive decision within ten (10) working days. Step 4: Failing a satisfactory settlement being reached in Step 3, the Union may, on giving five (5) days notice in writing to the Board of ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Regional District of its intention, refer the dispute to arbitration. 12.07 When a dispute involving a question of general application or interpretation occurs, or where a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor group of employees or the department head Union has a grievance, Step 1 of this article may be bypassed. 12.08 Replies to written grievances shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company be in writing at all stages. 12.09 Grievances settled satisfactorily within the time allowed shall date from the time that the grievance will proceed to Step Three. was filed. 12.10 The Company and Union will meet within twenty-one (21) calendar days of referral of Employer shall supply the necessary facilities for the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancemeetings.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For 32.01 Any complaint, disagreement or difference of opinion between the purposes of Employer, the Union or the employees covered by this Collective Agreement, a grievance is defined as: (a) A difference arising between the parties relating as to the interpretation, application, administration, application or alleged violation of the terms of this Collective Agreement including any question as to whether shall constitute a matter is arbitrablegrievance. Any employee, the Union or the Employer may present a grievance. (b) 32.02 The dismissal, discipline or suspension procedure for adjustment of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, grievances and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance disputes shall be settled as follows: Step 1: The employee, with or without a grievor will first submit the grievance to their Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then Representative within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that event giving rise to the grievance will proceed to and a discussion of the matter shall take place with the Administrator. Step Three. The Company and Union will meet 2: If the matter is not resolved within twenty-one five (215) calendar days of referral being referred to Step 1, the grievance shall be submitted in writing to the Administrator. If the matter remains unresolved after ten (10) calendar days from submission to the Administrator, the grievance may be referred to arbitration. 32.03 At any stage in the grievance procedure, an aggrieved employee may elect to be accompanied by a Union Representative or Shop ▇▇▇▇▇▇▇. 32.04 The time limits as indicated above can be extended by agreement of both parties to this Collective Agreement. 32.05 When the Union or the Employer presents a grievance, the grievance may be submitted by the Union or the Employer at Step 2 of the grievance to procedure. 32.06 Within fourteen (14) days of the Employer’s written decision following Step Three to discuss the grievance. At this step 2 of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union shall notify the Employer, in writing within seven (7) calendar days of the meeting. If writing, as to their decision as to whether the grievance is not settled at this step, either party may refer the grievance will be referred to arbitration under Articles 7 Arbitration or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancenot.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For The office holder or designate at any Step of the purposes grievance procedure shall not be the same person as the designate at a previous Step of the grievance procedure. If this Agreement, a requirement cannot be met in the judgment of the Employer the grievance is defined as: (a) A difference arising between the parties relating will be advanced to the interpretation, application, administration, or alleged violation next Step of the Agreement including any question as to whether a matter is arbitrablegrievance procedure in accordance with the Collective Agreement. (bStep 1) The dismissal, discipline If a past or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an present employee has a grievancegrievance (the grievor), his/her the grievor shall, within twenty (20) working days after the occurrence of the matter, present a written grievance shall be settled as follows: to the appropriate Program Director. The employee, with or without Program Director will give a Shop written decision to the grievor and the grievor’s ▇▇▇▇▇▇▇ or other designated Union Committee member representative within ten (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (710) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing receipt of the grievance with at Step 1. If there is no Program Director, the employee. grievance will be initiated at Step 2 within the same timeline of twenty (20) working days. Step 2) If the grievance is not settled resolved at this step: Then within seven (7) calendar days of the Step One meeting1 or there is no Program Director, the written grievance shall may be reduced referred to writing, signed by the employee ▇▇▇▇ of Theology or Principal of USMC as appropriate. The ▇▇▇▇ of Theology or Principal of USMC will give a written decision to the grievor and a Shop the grievor’s ▇▇▇▇▇▇▇ or other designated Union Committee member and shall be presented to representative within ten (10) working days of receipt of the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7grievance at Step 2. Step 3) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled resolved at this stepStep 2, Then the written grievance may be referred to the President of USMC or designate, transmitted by a letter signed by the Chair or Grievance Officer of the Union. The President of USMC or designate will give a written decision to the Chair or Grievance Officer of the Union within ten (10) calendar working days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral after receipt of the grievance to at Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance3.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) Step 1 The dismissal, discipline or suspension of an aggrieved employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employeemay, with or without PBA representation, submit a Shop ▇▇▇▇▇▇▇ written grievance on the prescribed form to the Office of the Police Chief within twenty (20) calendar days after the occurrence of the matter from which the grievance arose. The grievance will be considered submitted when it is signed as received by the Department/City if delivered in person or Union Committee member (at when it is date/time stamped from a facsimile or e-mail to the Police Chief or designee. It is understood that in all discipline cases, "occurrence" is the date that Police Fiscal Services forwards the fully signed Employee Notice to the employee's option). The written grievance at this step, and at all steps thereafter, shall first discuss contain the following information: 1. A statement of the grievance with hisincluding date of occurrence, details, and facts upon which the grievance is based. 2. The article and section, if appropriate, of the Agreement alleged to have been violated. 3. The action, remedy, or solution requested by the employee. 4. Signature of aggrieved employee and/or the PBA representative, if applicable. If the employee is represented by the PBA, no employee signature is necessary for disciplinary grievances. 5. Date submitted. Grievances submitted which do not contain the above information shall be considered void and shall be returned to the employee or the PBA if it is representing the employee. The employee/her immediate supervisor grievant or department head within seven the PBA shall have five (75) additional calendar days to fully complete and resubmit the grievance. Within fifteen (15) calendar days of the occurrence receipt of the grievance. The supervisor will respond within three working days of discussing , the grievance Police Chief or his designee shall meet with the employee. If grievant and/or the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meetingPBA representative, the grievance shall be reduced to writingif applicable, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss and seek a solution to the grievance. Within seven (7) calendar days following after the meeting, the supervisor Police Chief or the department head designee shall give his/her a response in writing to the grievant and the PBA representative as the case may be. The written replyresponse at this step and all steps thereafter shall contain the following information: 1. An affirmation or denial of the facts upon which the grievance is based. 2. An analysis of the alleged violation of the Agreement. 3. The remedy or solution, if any, to be made. 4. Signature of the appropriate management representative. Step 2 If the grievance is not settled resolved at this stepStep 1, Then the aggrieved employee and/or PBA representative, if applicable, may submit a written appeal to the Labor Relations Office within ten fifteen (1015) calendar days after receipt of the Police Chief or designee's written response. If Step 2 is the appropriate level to file the original grievance, the aggrieved employee may, with or without PBA representation, submit a written grievance on the prescribed form to the Labor Relations Office within twenty (20) calendar days after the occurrence of the matter from which the grievance arose. The Labor Relations Manager or designee, if deemed appropriate, shall meet with the aggrieved employee, Department management, and PBA representative, if applicable, within fifteen (15) calendar days of receiving receipt of the Step Two response, written appeal to discuss and seek a resolution of the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Threegrievance. The Company and Union will meet within twenty-one Within fifteen (2115) calendar days of referral of after this meeting, the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party Labor Relations Manager or designee shall provide give a written recommendation to the other a statement of facts Police Chief or designee and copies of all relevant documentsto the aggrieved employee and/or PBA representative, if applicable. The findings or decisions of the Employer shall be presented Police Chief will then have fifteen (15) days to make any changes to the Union in writing within seven (7) calendar days of disciplinary action following the meetingrecommendation by the Labor Relations Manager or designee. If In the grievance is event the PBA representative; the employee, if not settled at this steprepresented by the PBA; and the Labor Relations Manager or designee mutually agree to waive Step 2, either party the PBA or aggrieved employee may refer the grievance proceed directly to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation as described in Article 10 of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceAgreement.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For Sec. 1 In the purposes of this Agreement, a grievance is defined as: (a) A event that any difference arising arises between the parties relating to out of the interpretation, application, administration, operation or any alleged violation of this agreement, including any difference arising from the Agreement suspension or dismissal of any employee and including any question or difference as to whether a the matter is arbitrable, such question or difference shall be finally and conclusively settled without stoppage of work in the following manner: At each step of the grievance procedure the grievor shall have the right to be present. Step 1 Failing a satisfactory informal resolution, notice in writing of the grievance must be filed with the Board within thirty (b30) calendar days after the occurrence of the alleged grievance or the date on which the employee first has knowledge of it. The dismissalgrievance shall: (i) Record the grievance on the appropriate grievance form, discipline setting out the nature of the grievance and the circumstances from which it arose; (ii) State the article or suspension articles of an employee bound by this agreement. Disciplinary action grievable the Agreement alleged to have been infringed upon or violated and the remedy or correction requested; and (iii) Be signed by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss ▇. The Board must answer the grievance with his/her immediate supervisor or department head in writing within fourteen (14) calendar days of receipt of the notice. Step 2 must be initiated by the Union to the Board within seven (7) calendar days of the occurrence date on which the written answer by the Board was delivered to the Union in step 1. In the event that a resolution of the grievance, satisfactory to the Union and the Board, does not result at step one, a meeting shall be held between the employee, a person or persons designated by the Union, and a person or persons designated by the Board in an attempt to resolve the grievance. The supervisor will respond within three working days of discussing Parties shall meet to discuss the grievance with the employee. If the grievance is not settled at this step: Then within seven fourteen (714) calendar days of the Step One meeting, date the written notice was received pursuant to this step. The Board's representative must answer the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If In the event that a resolution of the grievance is not settled satisfactory to the Union and the Board at this stepstep 2, either party may refer such grievance shall be referred to a grievance committee comprised of two (2) representatives of the Union and two (2) representatives of the Board. The committee shall, if it so desires, have its advisors in attendance. The Parties shall meet to discuss the grievance to arbitration under Articles 7 or 8 within twenty-one fourteen (2114) calendar days of the presentation of this decisiondate the written response was delivered by the Board to the Union pursuant to step 2. The Employer agrees that their representatives at Board's representative must answer the Step 3 meeting have grievance in writing within seven (7) calendar days of the authority to resolve the grievancemeeting.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising The Employer and the Union recognize that grievances may arise concerning: i. differences between the parties relating to Parties respecting the interpretation, application, administrationoperation, or any alleged violation of the Agreement a provision of this Agreement, including any a question as to whether or not a matter is arbitrable.subject to arbitration; or (b) The ii. the dismissal, discipline discipline, or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has Agreement. (b) The procedure for resolving a grievance, his/her grievance shall be settled as followsthe grievance procedure in this Article. (c) Where the Union or the Employer submits a policy or general grievance, such grievance will be in writing and will commence at Step 2 of the grievance procedure. (d) The time limits set out below may be altered by agreement of the parties. Step 1: The employeeWithin seven (7) calendar days after the occurrence of the grievance or within seven (7) calendar days after the employee first becomes aware of the alleged violation giving rise to the grievance, the employee shall, with or without a Union representative (at the employee’s choice), discuss the matter with the immediate supervisor who is excluded from the bargaining unit. Within seven (7) calendar days from the discussion the immediate supervisor designated by the Employer shall give a written response to the employee and the Union representative. Step 2: If the matter is not resolved in the informal process in Step 1, the employee with the assistance of the Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option)Member, shall first discuss the may submit a written grievance with his/her immediate supervisor or department head within not later than seven (7) calendar days after Step 1 is completed to the Chief Executive Officer of their designate setting out the occurrence nature of the grievance, the circumstances in which it arose, and shall state the Article(s) of the Agreement alleged to have been violated and the remedy or correction required. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced transmitted to writing, signed the Employer by the employee and a Shop Union ▇▇▇▇▇▇▇ or Union Committee member and shall Member. Receipt of Grievance by designated management representative must be presented to the immediate supervisor or the department head confirmed by a Shop union ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following after the meetingreceipt of the written grievance, the supervisor Chief Executive Officer or the department head their designate shall give his/her a written reply. If response to the employee and the Union representative and, if the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two responsedenied, the response will include an explanation for the denial. Step 3: The Employer and the Union Committee or its delegateStaff representative, with a ▇▇▇▇▇▇▇, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three or other mutually agreed time to discuss the grievance. At this step of the grievance procedure, procedure each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions decision of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, step either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decisionArticle 9. The Employer agrees Both parties agree that their representatives at the Step 3 meeting have the authority to resolve the grievance.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to 1. Any matter involving the interpretation, application, administration, operation or alleged violation of the Agreement this Agreement, including any question as to whether a matter is arbitrable, may be submitted to arbitration. 2. The Union shall designate a committee of three (b3) The dismissal, discipline or suspension representatives of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimandits own choosing, and adverse reports the Employer will select three (3) representatives of its own choosing, to form the Grievance Committee to take up matters arising from the application of this Agreement or performance evaluationaffecting the relations of the employees and the Employer. If an employee has the Union designates employees to be on the Grievance Committee, such employees must be designated from amongst the Shop Stewards. The Parties will advise each other of the persons designated to the Grievance Committee. 3. If a difference arises which results in a grievance, his/her the employee(s) shall continue to work in accordance with the Agreement until the grievance is settled. 4. The Employer, the Union, or the employee having a grievance, dispute, or complaint will submit same within seven (7) calendar days upon becoming aware of the event giving rise to such grievance, dispute, or complaint. The following steps will be observed: Step 1: Any issue raised by the Union shall first be settled as follows: The employee, with or without a initiated by the Shop ▇▇▇▇▇▇▇ with the department supervisor. In the event a dispute or Union Committee member (at disagreement is not resolved between the employee's option), shall first discuss Shop ▇▇▇▇▇▇▇ and the grievance with his/her immediate department supervisor or department head within seven (7) calendar days of the occurrence of time it is initiated, it shall be submitted by the grievanceinitiating party to the other party. Step 2: A meeting between the Supervisor and Director, Production or their designate, the grievor and Shop ▇▇▇▇▇▇▇(s), will be established within seven (7) days to try to resolve the issue. The supervisor will respond within three working days of discussing If no satisfactory resolution is reached, the grievance with the employee. If the grievance is not settled at this step: Then may, within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to being submitted in writing, signed by be referred to the employee next step. Step 3: A meeting between a representative(s) of the Union and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall representative(s) of the Employer will be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then held within ten (10) calendar days of receiving days, or other time that may be mutually agreed upon, to meet and discuss the Step Two responsegrievance and attempt to find a resolution. By mutual agreement, the Union Committee or its delegate, shall notify the Company in writing that parties may submit the grievance will proceed to the mediation Division of the B.C. Labour Relations Board following receipt of the reply at Step Three. The Company and Union will meet within twenty-one (21) calendar days 3 of referral the Grievance Procedure. Step 4: Failing settlement of the grievance to at Step Three to discuss 3, the grievance. At this step of the grievance procedure, each grieving party shall provide to will notify the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union party, in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this stepwriting, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees decision that their representatives at it intends to submit the Step 3 meeting have the authority matter to resolve the grievancearbitration.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For ‌ STEP ONE: Immediate Supervisor. The employee (or the purposes Chapter officer if a Chapter grievance) shall give written notification of this Agreement, his grievance to his non-bargaining unit supervisor of the rank of sergeant or above (“immediate supervisor”). Such notification shall specifically state that the matter is a grievance is defined as: (a) A difference arising between under this Agreement and shall include a description of the parties relating event giving rise to the interpretationgrievance, applicationthe date of the event, administration, or alleged violation and the specific provision(s) of the Agreement including any question as alleged to whether have been violated and the relief requested. The notification will be deemed received for purposes of the grievance procedure when handed to the employee’s immediate supervisor. The immediate supervisor shall answer the grievance within seven (7) working days. STEP TWO: Appeal to Chief of Police. If the grievance is not settled in Step One, or if an answer is not given within seven (7) working days, the grievant (or Chapter officer if a matter is arbitrable. Chapter grievance) may, within seven (b7) The dismissalworking days following the immediate supervisor’s answer or expiration of the time limit set forth in Step One, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable file with the Chief a written appeal signed by the employee or Chapter officer if a Chapter grievance. The written appeal shall include written censuresa description of the event giving rise to the grievance, letters the date of reprimandthe event, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop the provision of the Agreement alleged to have been violated and the basis upon which the ▇▇▇▇▇▇▇▇ or Union Committee member (believes the grievance was improperly denied at the employee's option), previous step. The Chief or his designee shall first investigate the grievance and offer to discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days with the Grievant and a union representative if requested by the Grievant at a mutually agreeable time. If no agreement is reached in such discussion, the Chief or his designee shall give a written answer within seven (7) working days of the occurrence date of the grievancediscussion. The supervisor will respond within three working days of discussing the grievance with the employeeSTEP THREE: Appeal to Village Manager. If the grievance is not settled at this step: Then in Step Two, or if an answer is not given within seven (7) calendar working days of the Step One meetingTwo discussion, the grievance shall be reduced to writingGrievant may, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within within seven (7) calendar working days following thereafter, file with the meetingVillage Manager a written appeal signed by the Grievant or the Chapter officer if a Chapter grievance. The Grievant and a representative of the Union shall meet with the Village Manager or his designee to discuss the grievance at a mutually agreeable time. If no agreement is reached in such discussion, the supervisor Village Manager or his designee will give his answer in writing within seven (7) working days of the department head shall give his/her written replydate of such discussion. STEP FOUR: Arbitration. If the grievance is not settled at this stepin accordance with the foregoing procedure, Then the Union may refer the grievance to arbitration by giving written notice to the Village Manager within seven (7) working days after receipt of the Village Manager’s answer in Step Three. A. If the parties are unable to agree upon an arbitrator within ten (10) calendar days after the Village receives the notice of receiving referral, they shall jointly request the Step Two responseFederal Mediation and Conciliation Service to submit a panel of five (5) arbitrators, all of whom shall be members in good standing of the National Academy of Arbitrators, and all of whom shall maintain business offices in the States of Illinois or Indiana. Upon receipt of the panel, the Union Committee or its delegateparty requesting arbitration will make the first strike and the parties will alternately strike thereafter, and the person whose name remains shall be the arbitrator, provided that either party, before striking any names, shall notify have the Company right to reject one panel of arbitrators in its entirety and request that a new panel be submitted. B. The arbitrator shall be notified of his selection and shall be asked to set a time and a place for the hearing, subject to the availability of Village and Chapter representatives. Upon the request of either party, the arbitrator shall have the power to require the presence of a reasonable number of witnesses or documents, subject to manpower needs and availability. C. The arbitrator shall have no power, in his decision or award, to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation, or misapplication of the specific provisions of this Agreement. He shall consider and decide only the specific issue submitted to him as raised and presented in writing that at Step One and shall have no authority to make his decision on any issue not so submitted. His decision shall be based solely upon an interpretation of the meaning or application of this Agreement to the facts of the grievance will proceed presented. More than one grievance may be submitted to Step Threethe same arbitrator if both parties mutually agree in writing. The Company and Union will meet arbitrator shall submit in writing his decision within twenty-one thirty (2130) calendar days of referral following close of the grievance hearing or submission of briefs by the parties, whichever is later, unless the parties agree to Step Three to discuss an extension. In the grievance. At this step event the arbitrator finds a violation of the grievance procedureAgreement, each he shall determine an appropriate remedy. However, the arbitrator shall have no authority to make any decision or award which is in any way contrary to or inconsistent with the applicable laws or rules and regulations of administrative bodies that have the force and effect of law. Any decision or award of the arbitrator rendered consistent with this Article shall be final and binding on the parties, including all bargaining unit employees. The fees and expenses of the arbitrator and of a court reporter shall be divided equally between the Village and the Chapter. Each party shall provide to the other a statement of facts be responsible for compensating its own representatives and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancewitnesses.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For Grievances shall be processed in the purposes of this Agreement, a grievance is defined asfollowing manner: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) Step 1. The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employeeunion ▇▇▇▇▇▇▇, with or without a Shop the employee, shall take up the grievance or dispute with the employee's immediate supervisor within ten (10) work days of the employee's knowledge of its occurrence. The supervisor shall then attempt to adjust the matter and shall respond to the ▇▇▇▇▇▇▇ or Union Committee member within five (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (75) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employeework days. Step 2. If the grievance is not settled at this step: Then in Step 1, it shall be referred in writing to the department head or designee within seven ten (710) calendar working days of after the designated supervisor's answer in Step One meeting, 1. The department head or designee shall discuss the grievance shall be reduced to writing, signed by within ten (10) work days with the employee and the Union representative at a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented time mutually agreeable to the immediate supervisor or the parties. The department head by a Shop ▇▇▇▇▇▇▇ or a designee shall give written answer to the Union Committee member. The parties will meet to discuss the grievance. Within seven within (710) calendar work days following the their meeting, the supervisor or the department head shall give his/her written reply. Step 3. If the grievance is not settled at this stepin Step 2 and the Union desires to appeal, Then it shall be referred by the Union in writing to the Director of Human Resources or designee within ten (10) calendar work days after the department head or designee's answer in Step 2. A meeting between the Director of receiving the Step Two responseHuman Resources or designee, the department head or representative, the employee, and the Union Committee or its delegate, shall notify be held ten (10) work days following the Company in writing that Union request for a Step 3 meeting at a time mutually agreeable to the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievanceparties. At this step of the grievance procedure, each party shall provide to the other a statement of meeting all pertinent facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented by the Union and the Employer. The Director of Human Resources or designee shall give the Employer's written answer to the Union in writing within seven ten (710) calendar work days of the following this meeting. Step 4. Arbitration - If the grievance is not settled at this stepin Step 3, either party may and the Union wishes to refer the grievance to arbitration under Articles 7 or 8 arbitration, the Union shall inform the employer of its intent to arbitrate within twenty-one ten (2110) calendar working days after the Union's receipt of the presentation employer's written answer in Step 3. The Union and the employer will then select an arbitrator either under the alternate striking provisions of Minnesota Statutes 179A.21, Subdivision 2, or by another method mutually agreeable to the Union and the employer. (a) The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of the contract. The arbitrator shall consider and decide only the specific issues(s) submitted in writing by the County and the employee and the Union, and shall have no authority to make a decision on any other issue not so submitted. (b) The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs, by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this decision. The Employer agrees that their representatives at Agreement and to the Step 3 meeting have facts of the authority to resolve the grievancegrievance presented.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For A grievance or dispute which may arise between the purposes parties, including the application, meaning or interpretation of this Agreement, a grievance is defined asshall be put in writing and be settled in the following manner: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) Step 1. The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employeeUnion ▇▇▇▇▇▇▇, with or without a Shop the employee, shall take up the grievance or dispute with the employee's immediate supervisor within ten (10) working days of the date of its occurrence or within ten (10) working days after the union could have reasonably become aware of its occurrence. The supervisor shall attempt to adjust the matter and shall respond to the ▇▇▇▇▇▇▇ within five (5) working days. Step 2. If the grievance has not been settled, it shall be presented in writing by the Union ▇▇▇▇▇▇▇ or the Union Grievance Committee member (at to the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head or Elected Official within seven five (75) calendar working days of after the occurrence of supervisor's response is due. The department head or Elected Official shall meet with Union Representatives to discuss the grievance. The supervisor will department head or Elected Official shall respond within three working days of discussing to the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Union ▇▇▇▇▇▇▇ or Union the Grievance Committee member and in writing within five (5) working days after this meeting. If the grievance remains unsettled, those employees within departments under the supervision of Elected Officials shall proceed from Step 2 to Step 4 of the Grievance Procedure. Step 3. If the grievance still remains unadjusted for employees within a County Board Department, it shall be presented to by the immediate supervisor or the department head by a Shop Union ▇▇▇▇▇▇▇, Union Representative or a Union Grievance Committee memberto the Personnel Committee of the County Board in writing within five (5) working days after the response of the department head is due. The parties will Personnel Committee shall meet with Union Representatives to discuss the grievance. Within seven The Personnel Committee shall respond in writing to the Union ▇▇▇▇▇▇▇, union representative or Grievance Committee (7with a copy of the response to the local Union president) calendar days following the meeting, the supervisor or the department head shall give his/her written replywithin five (5) working days. Step 4. If the grievance is not settled at this stepstill unsettled, Then either party may, within ten fifteen (1015) calendar working days of receiving after the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral reply of the grievance Personnel Committee of the County Board or the appropriate Elected Official is due, by written notice to Step Three the other, request a pre-arbitration conference, prior to discuss submitting the matter to arbitration. After the pre-arbitration conference, or if a pre-arbitration conference has not been requested, either party may request an arbitration of the grievance. At this step of the grievance procedure, each party Any arbitration proceeding shall provide be conducted by an arbitrator to the other a statement of facts and copies of all relevant documents. The findings or decisions of be selected by the Employer shall be presented to and the Union in writing within seven (7) calendar working days of the meetingafter notice has been given. If the grievance is not settled at this stepparties fail to select an arbitrator, the State or Federal Mediation and Conciliation Service shall be requested by either or both parties to provide a panel of five arbitrators. Both the Employer and the Union shall have the right to strike the first name; the other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator. The decision of the arbitrator shall be final and binding on the parties, and the cost of the arbitrator's services and the proceedings shall be borne equally by the Employer and the Union. However, each party shall be responsible for compensating its own representatives and witnesses. If either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days desires a verbatim record of the presentation of this decision. The Employer agrees that their representatives at proceedings, it may cause such a record to be made, providing it pays for the Step 3 meeting have record and makes copies available without charge to the authority to resolve other party and the grievancearbitrator.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement12.1 Any complaint, a grievance is defined as: (a) A disagreement or difference arising between the parties relating to Parties which concerns the interpretation, application, administration, operation or alleged violation of the this Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has will be considered a grievance, his/her grievance shall be settled as follows: if the steps below are followed. 12.2 The employeeEmployer, with the Union or without the Employee having a Shop ▇▇▇▇▇▇▇ grievance, dispute or Union Committee member (at complaint will submit the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head same within seven (7) calendar days of the occurrence learning of the event giving rise to such grievance, dispute or complaint. The supervisor following steps will respond within three working days of discussing be observed: (a) Step 1: The Employee, with a shop ▇▇▇▇▇▇▇, will take the grievance up verbally with the employeetheir manager or designate. If no satisfactory settlement is reached, the grievance is not settled at this may, within seven (7) calendar days, be referred to the next step. (b) Step 2: Then The grieving party will submit the grievance, in writing, to the other party within seven (7) calendar days of the Step One 1 grievance meeting. The grievance will provide full particulars of the facts giving rise to the grievance, set out the provisions of the Agreement allegedly violated, and the remedy requested. Upon receipt of the written grievance, the grievance shall be reduced to writingParties will, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within within seven (7) calendar days following the meetingdays, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this stepanother time that may be mutually agreed upon in writing, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company meet and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of A decision as to the grievance procedure, each party shall provide will be rendered in writing and delivered to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing grieving party within seven (7) calendar days of the meeting. If . (c) Step 3: Failing settlement of the grievance is not settled at this stepStep 2, either the grieving party may refer will notify the grievance to arbitration under Articles 7 or 8 other party, in writing, within twenty-one fourteen (2114) calendar days of the presentation Step 2 decision that it intends to submit the matter to arbitration. 12.3 Union or Employer grievances will be initiated at Step 2 within seven (7) calendar days of this decisionthe Union or Employer, as applicable, learning of an event giving rise to such grievances. 12.4 Any grievance that is not commenced or processed through the steps in the grievance or arbitration procedure within the time specified will be deemed to be abandoned and all rights of recourse to the grievance and arbitration procedure will be at an end. The Employer agrees Parties agree that their representatives at the Step 3 meeting have the authority to resolve the grievancespecified time limits may be extended by mutual consent in writing.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating 7.01 Grievance means any disagreement pertaining to the interpretation, application, administration, interpretation or alleged violation of the Agreement including any question as to whether a matter is arbitrableCollective Agreement. (b) 7.02 The dismissalparties agree to settle grievances as expeditiously as possible, discipline or suspension of an employee bound by during working hours. To this agreement. Disciplinary action grievable by end, the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a the Shop ▇▇▇▇▇▇▇ or Union Committee member (at may take the employee's option), shall first necessary and reasonable time required to discuss the issue following the authorization by their supervisor. 7.03 Before submitting a grievance, the employee must try to solve his problem with his supervisor. He is accompanied, if he so wishes, by his Shop ▇▇▇▇▇▇▇. 7.04 If no agreement is reached as per paragraph 7.03 above, the following procedure applies: a) First step: The grievance is presented in writing to the manager concerned, with his/her immediate supervisor a copy to the Human Resources department, within ten (10) working days following the event subject to the grievance or department head following the moment the employee or the Union becomes aware of it. The manager or his representative answers in writing to the person that has presented the grievance within seven five (75) calendar working days of following the occurrence presentation of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. . b) Second step: If the grievance is not settled within the period prescribed at this paragraph 7.04 a), the Union has five (5) working days to submit the grievance to the second step: Then . If the grievance is submitted to the second step, a meeting must be held within seven ten (710) calendar working days with the Operations Director concerned or his representative. The decision of the Step One meetingOperations Director or his representative is forwarded in writing to the President of Union Plant Committee within ten (10) working days after the meeting prescribed above. If the grievance pertains to a suspension or a dismissal, it must be directly submitted to the second step. If the grievance involves several employees reporting to different directors, or if it is filed as per paragraph 13.04 of the present Collective Agreement, it has to be submitted to the Human Resources department, considered in such circumstances as being the second step of the grievance settlement procedure. c) Arbitration: If the grievance is not settled within the period prescribed in paragraph 7.04 b), the Union can then, within ten (10) working days following the deadline of the above mentioned period, submit the grievance shall for a hearing before an Arbitrator under the provisions of paragraph 7.07. 7.05 The parties attempt to agree on an arbitrator from Quebec's official list of arbitrators. In the absence of an agreement, the parties may agree to ask Quebec’s Minister of Labor and Manpower to designate an arbitrator. Grievances regarding dismissals, lay-offs and call-backs referred to arbitration and that have a monetary aspect will be reduced to writingplaced at the top of the list. The parties agree that these grievances must be heard within six (6) months by an arbitrator, signed as stipulated in the first paragraph of this article, or, if this arbitrator is not available within this time frame, by the Service Arbitrage Accéléré Inc. process, depending on the availability of the parties. 7.06 No grievance can be rejected for a defect in form. 7.07 The delays prescribed in article 7 are mandatory, unless the parties give their written consent to extend them. 7.08 It is agreed that if a grievance is not pursued to the next step or if no grievance is submitted in a specific case, such failure to pursue or submit a grievance does not create a precedent with regard to any future recurrence of the incident that gave rise or that might have given rise to a grievance. Any settlement reached following a grievance must be subject to a written agreement between the Union and the Employer. This agreement is binding to the parties involved and the employee and concerned, without creating a precedent. 7.09 The Employer does not attempt to settle a grievance with a plaintiff in the absence of the Shop ▇▇▇▇▇▇▇ who submitted the grievance or Union Committee member his authorized representative. 7.10 In cases involving a disciplinary sanction or a dismissal, the burden of the proof rests with the Employer. 7.11 The arbitration award is final and binds the parties and becomes effective on the date stipulated by the Arbitrator. 7.12 The Arbitrator may only interpret or apply the provisions of this Collective Agreement and may in no case add to, subtract from or modify it. Whenever the incident causing the grievance involves a loss of earnings or other benefits, the Arbitrator is empowered to order that such a loss or part of the loss be reimbursed or restored. Moreover, he may order payment of interest at the statutory rate, from the filing of the grievance, on any amount due under the award he has made. In a disciplinary case or dismissal, the Arbitrator is empowered to reduce or annul the penalty or the dismissal, according to what seems just and equitable to him under the circumstances. 7.13 The fees and expenses of the Arbitrator shall be presented to borne equally by the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancehereto.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreementStep 1. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her Any grievance shall be settled as follows: The employee, taken up with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor within ten (10) working days after the employee or department head within seven (7) calendar days any officer of the occurrence of bargaining unit knew or should have known the facts which gave rise to the grievance. The immediate supervisor will respond within three shall have five (5) working days of discussing to respond. All grievances must be discussed with the immediate supervisor prior to advancing the grievance with the employeeto Step 2. Step 2. If the grievance is not settled resolved at this step: Then within seven (7) calendar days of the Step One meeting1, the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall may be presented in writing within ten (10) working days from the receipt of the immediate supervisor's response of Step 1 to the immediate supervisor Probation and Parole Division Administrator or the department head by a Shop ▇▇▇▇▇▇▇ designee, or a Union Committee memberYouth Services Division Administrator or designee, whomever is appropriate. The parties will meet administrator or designee shall have ten (10) working days from receipt of the grievance to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written replyrespond in writing. Step 3. If the grievance is not settled resolved at this stepStep 2, Then it may be presented to the Department Director or designee within ten (10) calendar working days of receiving the Step Two 2 response. The Director shall have fifteen (15) working days to respond to the grievance in writing. Step 4. Should the employee and the Federation consider the decision of the Director to be unsatisfactory, the Union Committee or its delegateFederation may, shall within ten (10) working days of the receipt of the Director's decision, notify the Company in writing that Director and the grievance will proceed Chief of the State Office of Labor Relations of its decision to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of take the grievance to Step Three to discuss the grievancefinal and binding arbitration. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar Working days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation for purposes of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancesection are defined as in Article 7, Section 4.

Appears in 2 contracts

Sources: Labor Agreement, Labor Agreement

GRIEVANCE PROCEDURE. For A grievance is hereby jointly defined as any dispute, controversy or misunderstanding which may arise under the purposes interpretation or application of this Agreement, a grievance is defined as:. (a) A difference arising between The aggrieved employee or employees must present the parties relating grievance to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member Alternate in writing within five (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (75) calendar days of the occurrence of the grievance. alleged offense. b) The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member Alternate, with or without the employee, shall take up the grievance with the Public Services Director or his/her/their designee, within five (5) days after its presentation by the aggrieved employee. If the ▇▇▇▇▇▇▇ and shall be presented to the immediate supervisor or Unit Supervisor have not resolved the department head by a grievance within five (5) working days after the meeting between the grievant, ▇▇▇▇▇▇▇, and the Unit Supervisor, the Shop ▇▇▇▇▇▇▇ or a shall submit the grievance to the Union Committee member. The parties will meet to discuss Business Representative. c) Within ten (10) working days after the grievance. Within seven (7) calendar days following written response of the meetingUnit Supervisor is due, the supervisor Union Business Representative shall notify the Town Manager or the department head shall give his/her written replyher/their designee and arrange for a date to meet and take up the matter. If the grievance is not settled at this step, Then Such meeting will be held within ten (10) calendar working days of receiving such request. Within five (5) working days after such meeting (ten [10] working days if economic issues are involved), the Step Two responseTown Manager shall render a decision on the grievance. d) In the event that the decision of the Town Manager as rendered pursuant to Subsection c hereof is not acceptable to the Union, the Union Committee or its delegatemay, shall notify within five (5) working days, file a written request for grievance arbitration on the Company in writing that issue. If the grievance will proceed to Step Three. The Company Town and Union will meet cannot agree upon the selection of a grievance arbitrator within twenty-one ten (2110) calendar working days from receipt of referral the Union arbitration request, the party(ies) shall request arbitration of the grievance to Step Three to discuss under the grievance. At this step procedures of the grievance procedureMaine Board of Arbitration and Conciliation. The decision of the arbitrator(s) shall be final and binding on the parties, each and the arbitrator(s) shall be requested to issue the decision within thirty (30) days after the conclusion of the testimony and final argument. e) Each party shall provide be responsible for compensating its own representatives and outside witnesses. If either party desires a verbatim record of the proceedings, it may cause a record to be made providing it pays for the record and makes copies available without charge to the other a statement of facts party and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union arbitrators. f) The time limits for the processing of grievances may be extended by mutual consent of both parties, first by telephone, and confirmed in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancewriting.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For Should differences arise between NOPFMI, the purposes Council and/or any regular full-time employee, who has completed his introductory period, over whether a specific provision of this AgreementAgreement has been violated, a the following procedure shall be followed: Step 1. The employee may take the matter to his supervisor on an informal basis, in order to settle the matter promptly. Step 2. If the grievance is defined as:not satisfactorily settled in STEP 1, an aggrieved employee then may have the Council assist him, if he so desires, in a meeting with his supervisor and NOPFMI’s Department Head. Step 3. If the grievance is not satisfactorily settled in STEPS 1 or 2, the aggrieved employee or the Council shall, within five (a5) A difference arising between calendar days from the parties relating date on which occurred the incident which gave rise to the interpretationgrievance, applicationfile a written grievance with the Director of Human Resources. The written grievance shall set forth the facts giving rise to the grievance, administrationincluding the date and persons involved, or alleged violation and designate the specific provisions of the Agreement including any question as which allegedly have been violated and no others may, thereafter, be relied upon. Failure to whether a matter file such written grievance within five (5) calendar days from the event which gave rise to the grievance or, in the event of disciplinary action, from the date on which disciplinary action is arbitrable. (b) The dismissaltaken by NOPFMI, discipline or suspension of an employee bound by this agreementshall result in such grievance being presumed to be without merit, and it shall be barred from further consideration. Disciplinary action grievable is “taken” by any of the employee shall include written censuresfollowing means: Upon person to person verbal communication of the action to the employee; by leaving verbal notice of the action on the employee’s voice mail or directly through telephone contact; by depositing in the U.S. mail and copying the employee’s union representative with notice of the action; or, letters by any electronic means of reprimand, and adverse reports or performance evaluationmessaging. If an employee has a grievance, his/her grievance Time shall be settled as follows: considered of the essence in satisfying this five (5) calendar day filing requirement and all other time deadlines in this Article and the theory of a “continuing violation” will not be argued to or accepted by any trier of fact. The employee, representative or representatives of NOPFMI will confer with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head Council representative within seven (7) calendar days after receipt of the occurrence of the such written grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then conference, NOPFMI shall issue a decision in writing on any such written grievance within seven (7) calendar days from the time such grievance meeting is adjourned. The failure of NOPFMI to issue a decision in writing results in the grievance being denied at the end of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceday period.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as followsA. Step 1: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days after the grievant, through the use of referral reasonable diligence, should have knowledge of the grievance event giving rise to Step Three the grievance, the grievant and/or Association representative shall arrange a meeting with the grievant's immediate supervisor to discuss resolve the grievance. At A grievance shall be identified as such. If the grievance is not resolved within three (3) days of this step meeting, the grievance must be reduced to writing, dated, and formally filed with the immediate supervisor. The immediate supervisor's response to the grievance shall be given to the grievant and/or Association representative within fifteen (15) calendar days of said meeting. B. Step 2: If the grievance is not resolved to the satisfaction of the grievance Association at Step 1 of this procedure, each party shall provide the Association may within fifteen (15) calendar days after the immediate supervisor's response is given or due, whichever comes first, present the grievance in writing to the Appointing Authority's Human Resources office, or other a statement of facts and copies of all relevant documentsparty as designated by the Appointing Authority to process grievances. The findings or decisions written grievance shall state the nature of the Employer grievance, the facts upon which it is based, the provision(s) of the Agreement allegedly violated, and the relief requested. Within fifteen (15) calendar days after the Appointing Authority's Human Resources office, or other party as designated receives the written grievance, the Appointing Authority's representative shall be presented arrange a meeting with the Association Representative to resolve the grievance. The Appointing Authority's representative shall respond to the Union grievance in writing to the Association Representative(s) and the Association within seven fifteen (715) calendar days of the meeting. . C. Step 3: If the grievance is not settled at this step, either party still remains unresolved the Association may refer the grievance to arbitration under Articles 7 or 8 within twenty-one fifteen (2115) calendar days after the response of the presentation Appointing Authority or his/her designee is due request arbitration of this decisionthe grievance, by written notice to the State Negotiator. The Employer agrees that their representatives at arbitration proceedings shall be conducted by a three member Board of Arbitration composed of one (1) representative of the Step 3 meeting have Association, one (1) representative of the authority to resolve Employer, and one (1) neutral member. The neutral member shall be selected by the grievance.parties within seven

Appears in 2 contracts

Sources: Employment Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. For the purposes purpose of this Agreement, a grievance the term "grievance" is defined as: (a) A difference arising as a dispute between the parties relating to the interpretation, application, administrationCenter and ONA, or alleged between the Center and a nurse concerning the interpretation and/or application of, or compliance with, any provision of this Agreement. Any grievance must allege a violation of a specific provision of this Agreement. When any such grievance arises, the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee following procedure shall include written censures, letters of reprimand, and adverse reports or performance evaluationbe observed. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with the nurse(s) or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss ONA wish to carry the grievance with his/her immediate supervisor higher, the nurse(s) or department head ONA must initiate each step within seven fourteen (714) calendar days of the occurrence decision being appealed. Grievances not answered within the time limits prescribed in Steps 1, 2, and 3 shall automatically advance to the next step unless such time limit is extended by mutual agreement. Step 1. Any nurse having a grievance will reduce the grievance to writing and must present it to the Division Director or designee, within fourteen (14) calendar days of the alleged grievance. A meeting will be held to discuss the grievance within fourteen (14) calendar days from the date the grievance is Step 2. If the nurse is not satisfied with the adjustment made at Step 1, the grievance shall be presented to the Director of the Center or his/her designee, within fourteen (14) calendar days after the Step 1 response. The supervisor Director of the Center or designee, the grievant and representatives of ONA will respond meet within three working fourteen (14) calendar days after the date the grievance is presented. A decision shall be made by the Director of the Center or by his/her designated representative within fourteen (14) calendar days of discussing the grievance with the employeeStep 2 meeting. The decision shall be in writing. Step 3. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall 2 then it may be presented to the immediate supervisor Director of Labor Relations or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written replydesignated representative within fourteen Step 4. If the grievance is not settled at this stepresolved as provided in Step 3, Then within ten (10) calendar days it may be submitted to arbitration upon request of receiving either party. Section 2. Grievances may be processed by the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that nurse filing the grievance during working hours. Grievance meetings with the Division Director or designee, Center Director or designee or the Director of Labor Relations or his/her designated representative shall be held during the normal working hours of such administrative personnel. Nurses will proceed be paid for time spent in handling grievances, including time spent in arbitration, when such time is spent during the scheduled working hours. Section 3. A grievance which affects a substantial number of identified nurses may initially be presented at Step 2 of Section 1, and may be filed by ONA. These grievances will be reduced to writing with available substantiating facts. Any grievance which involves the reduction, demotion, suspension or dismissal of a nurse or loss of vacation will be initiated at Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step 3 of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance.

Appears in 1 contract

Sources: Agreement Between the University of Cincinnati on Behalf of Hoxworth Blood Center and the Ohio Nurses Association

GRIEVANCE PROCEDURE. For the purposes 36.1 An employee or group of this Agreement, employees with a grievance is defined as: shall within thirty (a30) A difference arising between calendar days after the parties relating first occurrence of the event giving rise to the interpretation, application, administrationgrievance present such grievance through the Grievance Committee in writing to the Chief, or alleged violation of in the Agreement including any question as Chief's absence, to whether a matter is arbitrabletheir authorized representative. (b) 36.2 The dismissal, discipline Chief or suspension of an employee bound by this agreement. Disciplinary action grievable by their authorized representative shall present the Employer's position in writing to the employee shall include written censures, letters of reprimand, or employees and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union the Grievance Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days after receipt of such grievance. Grievances not resolved within the occurrence of Fire Department must be presented by the employee or employees through the Grievance Committee in writing to the Chief Administrative Officer within twelve (12) calendar days after the Chief has given their reply to such grievance. The supervisor will respond Chief Administrative Officer shall reply to the aggrieved Employee or Employees and the Grievance Committee within three working twelve (12) calendar days after receipt of discussing such grievance. The resolution of grievances settled by the grievance with procedures set forth in this paragraph shall be reduced to writing and signed by the employee. Grievance Committee and the Employer. 36.3 If the grievance is not settled at this step: Then in accordance with the foregoing procedure, the Grievance Committee may, within nine (9) calendar days after receipt of the reply of the Chief Administrative Officer submit the grievance to arbitration by serving notice in writing of such submittal upon the Chief Administrative Officer. The parties shall attempt to agree upon an arbitrator within seven (7) calendar days after submittal of the Step One meetinggrievance to arbitration and in the event the parties are unable to agree upon an arbitrator within said seven (7) day period, either party may request the Bureau of Mediation Services of the State of Minnesota to submit a panel of five (5) arbitrators. The parties shall each have the right to alternately strike one (1) name from the panel until one name remains. If the parties are unable to agree on who shall strike the first name, the question shall be decided by a flip of the coin. The remaining person shall be the arbitrator. The arbitrator shall be notified of their selection by a joint letter from the parties requesting that the arbitrator set a time and a place for a hearing on the grievance, subject to the availability of the parties. 36.4 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. They shall consider and decide only the specific issue(s) submitted to them in writing by the parties, and shall have no authority to make a decision on any other issue not so submitted to them. More than one (1) grievance may be heard by the same arbitrator by mutual written agreement of the parties. Either party may, if it desires, submit a brief to the arbitrator setting forth its position with respect to the issue(s) involved in a grievance. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws and rules and regulations having the force and effect of law. The arbitrator shall submit their decision in writing to the parties and shall file a copy of such decision with the Bureau of Mediation Services of the State of Minnesota. The decision shall be based solely upon their interpretation of the meaning or application of the express terms of this Agreement to the facts of the grievance presented. 36.5 The decision of the arbitrator shall be final and binding upon the parties, except that an appeal may be taken to the District Court on the grounds that the order of the arbitrator violates the provisions of Minnesota Statutes Annotated, Section 179.72, Subd. 7, or its successor, relating to the scope of such order. 36.6 The fee and expenses of the arbitrator shall be divided equally between the parties. Each party shall be responsible for compensating its own witnesses. If either party desires a verbatim record of the arbitration proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of such proceedings, the cost shall be shared equally. 36.7 If a grievance is not presented within the time limits set forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Grievance Committee may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the parties involved in each step. 36.8 All documents, communications, and records dealing with a grievance shall be filed separately from the personnel files of the employees involved until final discipline is imposed pursuant to Minnesota law. 36.9 Access to all information necessary to the determination and processing of a grievance shall be made available to all participants, to the extent possible under law. 36.10 If as a result of the reply of the Chief Administrative Officer’s response in Section 36.2, the grievance remains unresolved and if the grievance involves suspension, demotion, or discharge of an Employee who has completed the required probationary period, the grievance may be appealed either to Section 36.3 or to another procedure such as Veterans Preference or fair employment. If appealed to any procedure other than Section 36.3, the grievance shall not be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented subject to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company arbitration procedure provided in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceSection 36.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For (1) The Employer and the purposes of this Agreement, a grievance is defined asUnion recognize that grievances may arise concerning: (a) A difference arising differences between the parties relating to Parties respecting the interpretation, application, administrationoperation, or any alleged violation of the Agreement a provision of this Agreement, including any a question as to whether or not a matter is arbitrable.subject to arbitration; or (b) The the dismissal, discipline discipline, or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has Agreement. (2) The procedure for resolving a grievance, his/her grievance shall be settled as followsthe grievance procedure in this Article. (3) Where the Union or the Employer submits a policy or general grievance, such grievance will be in writing and will commence at Step 2 of the grievance procedure. (4) The time limits set out below may be altered by agreement of the parties. Step 1: The employeeWithin seven (7) calendar days after the occurrence of the grievance or within seven (7) calendar days after the employee first becomes aware of the alleged violation giving rise to the grievance, the employee shall, with or without a Union representative (at the employee’s choice), discuss the matter with the immediate supervisor who is excluded from the bargaining unit. Within seven (7) calendar days from the discussion the immediate supervisor designated by the Employer shall give a written response to the employee and the Union representative. Step 2: If the matter is not resolved in the informal process in Step 1, the employee with the assistance of the Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option)Member, shall first discuss the may submit a written grievance with his/her immediate supervisor or department head within not later than seven (7) calendar days after Step 1 is completed to the Health Director of his/her designate setting out the occurrence nature of the grievance, the circumstances in which it arose, and shall state the Article(s) of the Agreement alleged to have been violated and the remedy or correction required. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced transmitted to writing, signed the Health Director or designate by the employee and a Shop Union ▇▇▇▇▇▇▇ or Union Committee member and shall Member. Receipt of Grievance by designated management representative must be presented to the immediate supervisor or the department head confirmed by a Shop union ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following after the meetingreceipt of the written grievance, the supervisor Health Director or the department head his designate shall give a written response to the employee and the Union representative and, if the grievance is denied, the response will include an explanation for the denial. Step 3: A Union/Management Committee comprised of two (2) Union Representatives and the Secretary-Business Manager or his/her written reply. If designate and two (2) Board Representatives and the grievance is not settled at this stepHealth Director or his/her designate, Then within ten or one (101) calendar days of receiving Board Representative and the Step Two response, the Union Committee or its delegate, Health Director and designate shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three or other mutually agreed time to discuss the grievance. At this step of the grievance procedure, procedure each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions decision of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, step either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decisionArticle 9. The Employer agrees Both parties agree that their representatives at the Step 3 meeting have the authority to resolve the grievance.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. For Step 1. The aggrieved employee may, with or without PBA representation, submit a written grievance to the purposes Chief of Police or his designee within ten (10) days after the occurrence of the matter from which the dispute arose. The written grievance at this step, and at all steps thereafter, shall contain the following information: a. A statement of the grievance including date of the grievance, date of occurrence, and details, and facts upon which the grievance is based. b. The specific article and section of the labor agreement alleged to have been violated. c. The action, remedy or solution requested by the employee. d. Signature of aggrieved employee, and PBA representative if applicable. e. Reason for rejection of management’s answer, if appealed. f. Date submitted. Grievances submitted which do not contain the above information shall be considered inappropriate and shall be returned to the employee who will have three (3) calendar days to resubmit. The Police Chief or his designee shall hold a meeting within ten (10) days after receiving the grievance, (with or without PBA representation at the grievant’s option) and within ten (10) days after meeting give his answer in writing to the grievant. Step 2. If the grievance is not resolved at Step 1, the grievant may submit a written appeal to the City Manager within five (5) days after receiving the written answer from the Chief of Police or his designee. The City Manager shall indicate, in writing the disposition of the grievance to the grievant within ten (10) working days from receipt of appeal. The City manager reserves the right to convene a meeting at his discretion, with the grievant and the PBA representative, if applicable, prior to indicating his disposition of the grievance to the grievant. However, in grievances involving suspension or discharge, the City Manager shall convene such a meeting pursuant to labor management prior to the disposition of the grievance. Step 3. If the grievance is not resolved by the City Manager’s response, then the PBA only may submit the grievance to arbitration. a. If the PBA elects to appeal to arbitration, they may do so within ten (10) days after the City Manager’s response by requesting a sub-regional panel from Florida of proposed arbitrators from FMCS. The Federal Mediation and Conciliation Service shall be used and the arbitration proceedings shall be in accordance with the rules then existing of the FMCS. b. The arbitrator shall not have the power to add to, subtract from, modify or alter the terms of a collective bargaining agreement in arriving at a decision on the issue or issues presented, and shall confine his decision solely to the interpretation or application of the agreement. The arbitrator shall not have authority to determine any other issues not submitted to him. c. The arbitrator shall be required to render his decision as quickly as possible, but in any event, no later than thirty (30) calendar days after the close of the hearing. d. In case of a grievance involving any continuing or other money claim against the employer, no award shall be made by the arbitrator which shall allow any alleged accruals for more than fourteen (14) calendar days prior to the date when such grievance shall have been submitted in writing. e. Upon receipt of the arbitrator’s award, corrective action, if any, will be implemented as soon as possible, but in any event no later than fifteen (15) calendar days after receipt of the arbitrator’s award absent an appeal of the award as provided by law. f. Either party to this agreement desiring transcripts of the arbitration hearings shall be responsible for the cost of such transcripts, if available. g. The decision of the arbitrator shall be final and binding upon the aggrieved employee, the PBA and the employer, subject to any limited right of appeal as provided by Chapter 682, Florida Statutes. h. The arbitrator’s fee and expenses shall be borne by the losing party as determined and shall be so stipulated by the arbitrator. i. The expenses in connection with attendance of participants and witnesses for either side shall be paid by the party producing such participants and witnesses. In the event the witnesses are City employees, and on duty and their testimony is relevant, they shall be relieved from their normal duties for the purpose of their testimony with no loss of pay. At the conclusion of their normal scheduled duty hours, the City will not be liable for the payment of overtime. j. The expenses in connection with attorney’s fees shall be paid by the party employing the attorney. k. Only those grievances which directly concern or involve the interpretation or application of specific clause or section of this Agreement, a grievance is defined as: (a) A difference arising between agreement may be submitted to arbitration. In no event shall arbitration be permitted for the parties relating to the following: The interpretation, application, administrationmerits or legality of any state or local law or ordinance, or alleged violation including, specifically, all ordinances adopted by the City Council of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension City of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop New Port ▇▇▇▇▇▇. The merits or legality of any or all of the City’s human resources or personnel rules and regulations, and the Police Department’s General Orders. Provided that none of the foregoing shall be construed in such a manner to prohibit the Union Committee member (at or a grievant from arbitrating an alleged contractual violation and nothing herein shall be deemed to be a waiver by the Union or a grievant that the provisions of this contract supersede all of the aforementioned citations except Federal or State law. a. The time limits provided in this article shall be strictly observed, unless extended by the City. Failure of the grievant or the PBA, whichever is appropriate, to proceed with the grievance within the time herein provided shall result in dismissal of the grievance and deemed settled based on the last response by management. b. Failure of the City or its representative to respond within the time provided shall entitle the grievant or the PBA, whichever is appropriate, to proceed to the next step in the grievance procedure provided the grievant or the PBA timely requests advancement to the next step as measured from the date when the City’s response was due. c. All grievances shall be processed during times which do not interfere with, or cause interruption of an employee’s work responsibilities. d. Employees will follow all written and verbal directives, even if such directives are allegedly in conflict with the provisions of this agreement. Compliance with such directives will not in any way prejudice the employee's option), ’s right to file a grievance within the time limits contained herein nor shall first discuss compliance affect the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence ultimate resolution of the grievance. The supervisor No employee or group of employees may refuse to follow directions pending the outcome of a grievance. e. Management grievances, should they occur as a result of official PBA activity or actions, will respond be submitted directly to the President or his designee of the West Central Florida Police Benevolent Association, Inc., within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven fourteen (714) calendar days of the Step One meeting, date upon which management became aware of the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss situation prompting the grievance. Within seven The PBA President or his designee will provide a written answer within five (75) calendar days following days. A management grievance may be pursued to arbitration. f. Nothing in this article or elsewhere in this agreement shall be construed to permit the meetingPBA to process a grievance on behalf of any employee without his consent, or with respect to any matter which is the supervisor subject of a grievance, appeal, administrative action before a governmental board or agency, or Court proceeding, brought by an individual employee or group of employees, or by the department head PBA. The only exception will be a PBA class action grievance. g. Each grievance or dispute will be considered separately and submitted separately to an arbitrator. h. Employees in an initial probationary status are not entitled to file a grievance. The PBA is prohibited from filing a grievance on behalf of an employee on probation. However, employees on probationary status, with or without PBA assistance, may appeal to the Chief of Police for consideration but are precluded from the arbitration process. i. The parties shall give his/her written reply. If the grievance is not settled be permitted to assert in any arbitration proceedings any evidence which was not submitted at this step, Then within ten (10) calendar days of receiving the Step Two response2 level. However, nothing herein shall prevent the Union Committee PBA from presenting live testimony that was not presented at the Step 2 level or its delegate, shall notify any evidence which was not available or known to it at the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral time of the grievance to Step Three to discuss the grievance2 phase of this procedure. At this step of the grievance procedure, each party Such evidence shall provide however be made available to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented party as soon as practicable prior to the Union hearing in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance order to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceprovide an opportunity for settlement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A. A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled defined as follows: any controversy or dispute arising out of this Agreement between the Employer and the Union, or Employees so represented. The employeegrievance procedure outlined herein shall be the sole means of settling said differences, with disputes, or without a Shop controversy. B. A grievance which involved the meaning or application or the express terms of this Agreement may be submitted by the Union at Step 3. C. A grievance involving dismissal, demotion, or suspension will be subject to the grievance procedures of this Agreement and if filed, shall be entered at Step 3. STEP 1. The Job ▇▇▇▇▇▇▇, Business Agent, or Union Committee member the Employee, within fifteen (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (715) calendar working days of the occurrence alleged grievance or when it should have been reasonably known, shall present the grievance to their supervisor orally. The supervisor, with concurrence from the Director, shall secure the prompt resolution of the grievance. The supervisor will respond grievance and within three five (5) working days of discussing orally present their decision to the grievance with Employee and the employee▇▇▇▇▇▇▇. STEP 2. If the grievance is not settled at this step: Then within seven (7) calendar days of the in Step One meeting1, the Business Agent may within five (5) working days submit the grievance shall be reduced in writing to writingthe Transportation Director, signed by with a copy to the employee and a Shop Human Resources Director. The Transportation Director shall, within five (5) working days, submit their decision in writing to the Employee, Job ▇▇▇▇▇▇▇, Union and the Human Resources Director with a copy of the grievance attached to their response. STEP 3. Grievances involving the meaning or Union Committee member and shall application or the express terms of this Agreement not settled in Step 2, or dismissal grievances, may be presented submitted in writing to the immediate supervisor or Human Resource Director within five (5) working days. Upon receipt of the department head by written grievance, the Human Resource Director and the Business Agent shall, within five (5) working days, schedule a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet meeting to discuss resolve the grievance. Within seven The Human Resource Director shall respond to the Business Agent within ten (710) calendar working days following the after said meeting, the supervisor or the department head shall give his/her written reply. STEP 4. If the grievance is not settled at this stepin Step 3, Then within ten the Business Agent may submit the grievance to formal arbitration. The Business Agent has fifteen (1015) calendar working days from the date of receiving delivery of the Step Two 3 Employer response, to submit the grievance to arbitration. a. Any issue, which meets the definition of a grievance as set forth above may be submitted to arbitration. The Arbitrator shall have the jurisdiction and authority only to interpret, apply, or determine compliance with the specified language of this Agreement applicable to the issue in dispute, when such grievance concerns or involves the meaning or application or the express terms of this Agreement. The Arbitrator’s function is to interpret the Agreement and is limited to considering the issue(s) set forth in the written Step 3 grievance and responses. b. The Arbitrator shall determine whether a matter is arbitrable. If a determination is made that the matter is arbitrable, the Arbitrator shall then proceed to hear the merits of the dispute. c. The Arbitrator shall be empowered to mitigate penalties as equity suggests. It is agreed that the Arbitrator's decision and award shall be final and binding on both parties, and that both parties will abide by and promptly implement such decision and award, except that issues of gross legal errors or awards that violate an explicit, well defined and dominant public policy may be appealed as provided by Alaska Court Rules. d. Dismissal grievances must be entered at the Step 3 level. The affected Employee will remain in paid status until the Step 3 grievance process is complete. This paid status may be a regular work schedule, an alternate assignment, or administrative leave, depending upon the circumstance and at the sole discretion of the Borough. The Union agrees to process the Step 3 grievance in a timely manner and to provide the Borough with information and documentation within its possession at the time of the Step 3 meeting, so that the Borough can properly determine whether termination is still the appropriate discipline. Upon completion of the Step 3 grievance process, should the Borough still believe termination action is still the appropriate discipline, the termination will become effective the date the Step 3 decision is rendered. e. Decisions of the Arbitrator shall be enforced in accordance with the provisions of the Uniform Arbitration Act (AS 09.43.300-595). Upon signing the Agreement, the parties shall request the American Arbitration Association or the Federal Mediation and Conciliation Service to provide a listing of fifteen (15) arbitrators. The parties will meet and endeavor to agree upon a panel of nine (9) arbitrators from the list provided to be used for any future arbitration. The process used to select the nine (9) arbitrators will be to alternately strike names from the list; the order of striking shall be determined by the toss of a coin flipped by the 942 Representative and called by the Employer. If an Arbitrator becomes unavailable, the last arbitrator struck shall be added to the panel. f. When the dispute has been referred to arbitration, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall meet within five (5) working days and select an Arbitrator from the panel of nine by alternately striking names from the list; the order of striking shall be presented to determined by the toss of a coin flipped by the Union in writing within seven and called by the Employer. If an Arbitrator becomes unavailable, the last arbitrator struck shall be used. g. The formal arbitration shall be held not later than twenty (720) calendar working days after such selection, depending on availability of the meetingarbitrator or other unforeseen circumstances. The Arbitrator shall render their opinion, decision, and award within thirty (30) days after hearing the dispute. Reasonable expenses of the Arbitrator shall be borne by the losing party, as determined by the arbitrator. Payment is to be rendered within thirty (30) days after receipt of the Arbitrator's decision and billing. h. A grievant shall be allowed to attend the arbitration proceeding without loss of pay. If the grievance is not settled at this stepa class action, either party the Union may refer the grievance to arbitration under Articles 7 or 8 within twenty-designate one (21) calendar days of the presentation grievants to represent the class at arbitration without loss of pay. Witnesses within this decision. The Employer agrees that their representatives bargaining unit, who are employed by the Employer, may participate in arbitration without loss of pay for time required to testify at the Step 3 meeting have hearing. Stewards, who are not witnesses or representing a class but wish to attend the authority arbitration will be required to resolve take leave, such leave requests shall not be unreasonably denied. i. Time limits as outlined in this Article may be waived or extended by mutual Agreement of the grievanceparties. Each party shall bear the expenses incurred in presenting its own case before the Arbitrator.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, An employee having a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administrationcomplaint, or alleged violation one designated member on behalf of a group having a complaint, shall first discuss the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreementcomplaint with the appropriate supervisor. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop A shop ▇▇▇▇▇▇▇ shall be present during this discussion. Ifthe complaintcannot be resolvedwithin three (3) working days, the employee may submit the complaint to the Union Grievance Committee. The Union Grievance Committee shall make a ruling within three (3) working days concerning its support of the employee in the grievance. If the Union Grievance Committee supports the it shall submit the matter in writing, inthree (3) working days, to the Manager of Employee Relations, or Union Committee member designate. The grievance shall identify the nature of the grievance,the remedy sought, and should specify the provisions of the agreementwhich are alleged to have been violated. The parties will have a period of up to thirty (at 30)calendar days from the employee's option), shall first discuss date that the grievance is filed, to attempt to resolve the in dispute through a which shall involve individuals with his/her immediate supervisor or department head within seven (7) calendar days authority to resolve the grievance from both parties. During the resolution both parties will thoroughly consider the grievance and attempt to find a resolution. The governing principle will be that the parties have a mutual interest in finding a solution and avoiding, if possible, third party intervention. If the parties are unable to resolve the grievance, the Board will provide the Union with a written responseto the grievance by the end of the occurrence thirtieth day following the date of the filing of the grievance. The supervisor Union will respond within three working then have a period of thirty (30)additional calendar days from the date of discussing the grievance with Board’s response to determine if the employeeresponse is acceptable, or to make a presentationto the Director of Education, or and a Trustee, or will refer the matter to arbitration. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed if filed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two responseBoard, the Union Committee or its delegate, shall notify will provide a response by the Company in writing that end of the thirtieth day following the date the grievance will proceed to Step Threewas filed. The Company and Union Board will meet within twenty-one have thirty (21) calendar 30)calendar days of referral from the date of the grievance Union’s response to Step Three to discuss determine if it will accept the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may Union’s response refer the grievance matter to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancearbitration.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For the purposes A grievance is hereby defined to be any misapplication of any provision of this Agreementagreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretationchange in past practice, application, administration, or alleged violation of state or federal law, and/or violation of employer policy. Any employee or the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her Union grievance shall be settled as follows: in accordance with the following procedures: 1. Step 1 The employee, with or without a Shop aggrieved employee and/or his/her ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), representative shall first discuss take up the grievance matter with his/her immediate supervisor the principal of the school in an effort to get the grievance resolved. The principal shall submit a written response to the grievant or department head the Union within seven ten (710) calendar days after receiving the grievance. 2. Step 2 Within ten (10) days after receiving a response from the principal or if the principal did not respond within the time specified, the grievant or the Union may submit the grievance to Step 2, the Superintendent of Schools. The Superintendent shall hold a conference with the grievant, the principal and the Union representative within ten (10) days of the occurrence receipt of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance Superintendent shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days after the conference, issue his decision in writing with copies to the grievant and the Union President. 3. Step 3 Within ten (10) days after receiving the decision from the Superintendent, the grievant or the Union may submit the grievance to the Chairperson of the Board of Education. The Board shall schedule a meeting to be held within fifteen (15) days. The decision shall be made by the Board of Education within fifteen (15) days of the meeting and conveyed in writing by the Superintendent to the grievant and the Union President. 4. Step 4 Within thirty (30) days after receiving the Step Two responsedecision from the Board, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of may submit the grievance to Step Three the Connecticut State Board of Mediation & Arbitration for final and binding decision in accordance to discuss their rules. The Board shall have the grievanceoption to transfer a grievance to the American Arbitration Association. At The arbitrator(s) shall have no power to add to, subtract from, amend, alter, or delete any provision of this step Agreement. The arbitrator(s) shall be empowered herein to decide only those grievances based upon an alleged violation and/or misinterpretation of specific terms of this agreement. The decision of the grievance procedurearbitrators shall be final and binding on both parties, each party shall provide to the other a statement of facts and copies of all relevant documentsunless appeals are allowed by law. 5. The findings or decisions time limit specified at any step may be extended in any particular instance by mutual agreement between the Superintendent and the Union. 6. The cost of the Employer grievance hearings shall be presented to borne equally by the Union Montville Board of Education and CSEA, SEIU Local 2001. 7. No rights of an employee shall be abridged as the result of an appeal. 8. If an employee does not file a grievance in writing within seven fifteen (715) calendar working days after s/he knew, or should have known, of the meetingact or condition on which the grievance is based, then the grievance shall be considered to have been waived. 9. Days shall mean business days. Grievances shall be kept confidential and separate from the employee's personnel file. 10. If the grievance is not settled at this step, either party may refer affects a number of members the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives may initially be filed at the a Step 3 meeting have the authority to resolve the grievance2.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For 7.1 The parties recognize that the purposes Canada Labour Code provides that any employee may present his/her personal grievance to the Employer at any time. Any such grievance may be subject to consideration and adjustment as provided in the following articles on grievance procedure. 7.2 In the event of a dispute between any member or members of the bargaining unit and the Company, in reference to the application, administration, interpretation or alleged violation of this Agreement, a grievance is defined asthe following shall be the procedure for the adjustment and settlement thereof: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If Step 1: Where an employee has a grievance, grievance of an individual nature the employee shall first discuss the matter with his/her immediate supervisor within ten (10) working days of the grievance shall be settled as follows: becoming known to the employee or when the grievance reasonably should have been known to the employee. The employee, with or without a Shop objective of the meeting is to resolve the grievance. The employee may have Union ▇▇▇▇▇▇▇ or Union Committee member (at assist in this discussion. The Supervisor shall provide a verbal response to the employee's option), shall first discuss describing the grievance with his/her immediate supervisor or department head proposed resolution to the grievance, within seven five (75) calendar working days of the occurrence of meeting. Step 2: In the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If event the grievance is not settled at this step: Then within seven (7) calendar days of the resolved in Step One meeting1, the grievance shall be reduced to submitted in writing, signed by stating the employee nature of the grievance and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented the remedy sought, to the employee’s immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar working days of receiving the answer to the Step 1 meeting. Within ten (10) working days of receipt of the written grievance, the Company shall convene a meeting of the local Union and management Grievance Committees. The grievance committees shall consist of no more than three (3) members per committee. The objective of the meeting is to resolve the grievance. The Company shall provide a written response to the grievance within ten (10) working days of the meeting with copies to both the grievor and the Union. Step 3: In the event the grievance is not resolved within ten (10) working days after the meeting described in Step 2, the grievance may be referred to the General Manager, or his designee, and the Union Office for further discussion and consideration. Step 4: In the event the grievance is not resolved in Step 3, either party may, within twenty (20) working days of receiving the Step Two response2 answer, upon notice by registered mail, e-mail, or fax to the Union Committee or its delegateother, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of submit the grievance to Step Three to discuss final and binding arbitration. Within the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance.next following ten

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. For 1. The Guild may appoint a committee to take up with The News any matter arising out of the purposes application of this Agreementcontract, or affecting the relations of the employees and The News. The News and the Guild agree to make every effort to settle every dispute, claim, difference or grievance arising out of this contract, or affecting the relations of the Guild and the employees with The News. Any such matter will be submitted by the complaining party in a letter to the other, briefly setting forth the facts giving rise to it, the ground of the complaint and the action sought. The Guild and The News will handle grievances expeditiously and diligently. 2. The parties agree to meet within five days at the request of either party for a grievance is defined as:meeting. (a) A difference 3. Any such grievance involving a matter arising between the parties relating to the interpretation, application, administration, or alleged violation out of the Agreement including any question as to whether a matter is arbitrable. application of this contract (bexcept renewal or modification of the con-tract) or affecting the relations of the employees and The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be News not satisfactorily settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar 30 days of the occurrence first consideration may be submitted to final and binding arbitration by either party. Such arbitration will be conducted pursuant to the voluntary labor arbitration rules of the grievanceAmerican Arbitration Association. The supervisor cost of such arbitration will respond within three working days of discussing be borne equally by the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days parties, except that neither party will be obligated to pay any part of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and cost of a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee memberstenographic transcript without express consent. The parties arbitrator will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve amend, change, modify, add to or subtract from any of the provisions of this contract, but will have the authority only to interpret and apply this contract. 4. If any of the following rules, which are not waived by The News, are not complied with by the Guild, the provisions of Section 4A of this article will not be effective as to the issue raised in the grievance. A. The Guild will invoke this section as follows: (1) At its option, the Guild may inform The News in writing, if received by The News within five days (excluding Saturday and Sunday) after the act, event or occurrence complained of that it invokes the following provision: Conditions prevailing prior to the time of the act, event or occurrence will not be changed pending final resolution of the said grievance. (2) However, if the Guild has received two weeks notice by The News prior to the act, event, or occurrence any in- vocation of the provisions of Section 4A(1) must be made by the Guild within seven days of the giving of such prior notice by The News. (3) This section is not applicable to editorial decisions of the editor. B. However, it is understood that if any award for back pay will be made, such reimbursement will not exceed the amount the employee would have been paid by The News if he/she had continued in its employ, and the arbitrator will take into consideration whether a deduction will be made for any amounts the employee meanwhile may have earned elsewhere. From such award, if any, will be deducted any amount paid the employee through unemployment insurance. This will not be construed, in any manner, to mean that severance pay will be given in addition to back pay awarded to him/her. C. If Section 4A of this article is invoked, the Guild agrees to arbitration under the expedited arbitration rules of the American Arbitration Association.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For All grievances, except those which begin at Step 3, must be initiated within thirty (30) calendar days of occurrence of the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administrationaction being grieved, or alleged violation from first knowledge of the Agreement including any question as to whether grounds for a matter is arbitrablegrievance. (bA) The dismissal, discipline or suspension of an Step 1: An employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee who has a grievance, his/her grievance shall first go to their supervisor or designate. The employee must be settled as follows: The employee, with accompanied or without a Shop represented by their ▇▇▇▇▇▇▇ or other Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievancerepresentative. The supervisor will respond within three working days of discussing shall be given an opportunity to answer the grievance with the employeecomplaint verbally. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meetingFailing resolution, the grievance shall be reduced to writing, signed by the employee grievor and a Shop their ▇▇▇▇▇▇▇ or Union Committee member and shall present the grievance to the supervisor in writing. After receipt of a written grievance the supervisor shall have five (5) working days in which to present their written reply to the ▇▇▇▇▇▇▇. Failing settlement, the grievance shall be presented processed to the immediate next step within the five (5) working days following either receipt of the supervisor’s reply or expiry of the above time limit, whichever comes first. If the supervisor or is the department head, Step 2 shall be omitted and the grievance with the supervisor’s written reply shall proceed directly to Step 3. (B) Step 2: Step 2 shall commence upon presentation of the grievance to the department head by a Shop or designate. The department head shall meet with the grievor, the ▇▇▇▇▇▇▇ and the division ▇▇▇▇▇▇▇ (or a Union Committee member. The parties will meet other union representative) in an effort to discuss resolve the grievance. Within seven five (75) calendar working days following the meetingafter commencement of this step, the supervisor or the department head shall give his/her deliver their written replyreply to the ▇▇▇▇▇▇▇. If Failing settlement, the grievance is not settled at this step, Then shall be processed to the next step within the ten (10) working days following either receipt of the department head’s reply, or expiry of the above time limit, whichever comes first. (C) Step 3: Upon notification of the University Labour Committee by the Union Grievance Committee of its intention to proceed to Step 3, the parties will have thirty (30) calendar days in which to meet and attempt to resolve the grievance. Following this meeting, the University will have ten (10) working days to respond in writing to the grievance. From receipt of receiving the Step Two this University response, the Union Committee or its delegate, shall notify the Company will have ten (10) working days to signify in writing that its intention to invoke the arbitration procedure as set out in Article 35.04. (D) Absence from Work By arrangement with their supervisor, an employee shall be permitted the necessary time off without loss of pay and benefits to attend to the adjustment of a grievance and may be present at any step in the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, arbitration procedure if so requested by either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceparty.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. For A grievance shall be defined as any controversy or dispute involving the purposes application or interpretation of the terms of this Agreement, a grievance is defined asAgreement arising between APEA/AFT or an employee or employees and the Employer. The following procedures shall be the sole and exclusive method of resolving such disputes: (a) A difference arising between Step One: Non-Bargaining Unit Supervisor. An association Representative shall submit a written grievance on behalf of the parties relating grievant to the interpretation, application, administration, or alleged violation grievant's first supervisor outside of the Agreement including any question as to whether a matter is arbitrable. bargaining unit. The Association shall file the grievance within fourteen (b14) The dismissal, discipline calendar days after the grievant knew or suspension of an employee bound by this agreement. Disciplinary action grievable by should have known that the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has grievant had a grievance, his/her grievance shall be settled as follows: whichever is earlier. The employeeAssociation Representative, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the aggrieved employee's option), shall first and the Department Head may meet to discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will Department Head shall respond in writing within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven fourteen (714) calendar days of the Step One meetingfiling. (b) Step Two: If satisfactory resolution is not reached at Step One, the grievance shall be reduced submitted in writing to writing, signed the Borough Manager by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to Association within fourteen (14) calendar days of the immediate supervisor or receipt of the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee memberStep One grievance response. The parties will grievance must specify the article and section of the contract where there was an alleged violation and the remedy that is requested for the violation. The Association Representative and the Manager may meet to discuss the grievance. Within seven The Manager shall respond in writing within fourteen (714) calendar days following of the meeting, the supervisor or the department head shall give his/her written reply. Step Two filing. (c) Step Three – Arbitration: If the grievance is not settled at this stepStep Two, Then the Association may submit the grievance to final and binding arbitration within ten (10) calendar days following receipt of receiving the Manager's Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one Within ten (2110) calendar days of referral of after submitting the grievance to Step Three to discuss binding arbitration the grievance. At this step parties shall request a list of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days qualified arbitrators from FMCS to be supplied to both parties. Any costs of obtaining the meetinglist shall be borne equally by the parties. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 The parties will convene within twenty-one fourteen (2114) calendar days after receipt of the presentation of this decisionlist to strike names. The Employer agrees that their representatives at APEA/AFT shall contact the Step 3 meeting have the authority Borough to resolve the grievancestrike names.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For SECTION 1. During the purposes life of this AgreementAgreement there shall be no strike, a grievance is defined as: (a) A difference arising slowdown, suspension or stoppage of work in any part of the Company's operations by employees or any employee, nor any lockout by the Company in any part of the Company's operations. Should any differences arise between the parties relating to Company and the interpretationUnion or its members, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member effort shall be made to settle such differences in the following manner, including application of the principles of mutual gains bargaining at steps (at the employee's option)a) and (b): (a) First, shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar thirty days of the occurrence of the grievance. The supervisor will respond within three working days of discussing incident leading to the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meetingdifference, the grievance shall be reduced to writing, signed by between the employee or employees involved and his or their immediate supervisor, or between a Shop ▇▇▇▇▇▇▇ selected by the Union to represent the employee or Union Committee member employees and shall be presented to said supervisor. (b) If the immediate grievance is not adjusted with the supervisor within seven days, then within ten days thereafter the individual employee or group of employees may take the matter up directly with the next level of Management as designated by the respective Business Area representative on the Company Negotiating Committee, or the department head grievance may be reduced to writing and signed by a Shop the employee or employees and the appointed ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss and then taken up by the grievance. Within seven ▇▇▇▇▇▇▇ with the same designated level of Management. (7c) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this stepadjusted with Management as specified in Section 1 (b) within three days, Then then within ten days thereafter either party may submit notice of the grievance in writing to a Board of Review composed of the respective Business Area representative on the Company Negotiating Committee (10) calendar days or an authorized designee), one other member of receiving the Step Two responseCompany Negotiating Committee, a Labor Relations staff member, and the standing members of the Union Negotiating Committee or its delegate, shall notify by mailing same in accordance with the Company in writing that provisions of Article XIX. Said Board will either finally dispose of the grievance will proceed to Step Three. The matter upon the mutual agreement of the Company and Union will meet within twenty-one representatives, or either party may submit it to arbitration. (21d) calendar days of referral If any grievance involving an interpretation of the grievance to Step Three to discuss the grievance. At this step meaning of the grievance procedure, each party shall provide to provisions of this Agreement is not adjusted within twelve days after the other a statement of facts and copies of all relevant documents. The findings or decisions meeting of the Employer shall be presented to the Union in writing within seven (7) calendar days Board of the meeting. If Review at which the grievance is not settled at this stepsubmitted, then within thirty days thereafter either party may refer submit such grievance to the American Arbitration Association. The American Arbitration Association shall appoint a neutral arbitrator in accordance with its then prevailing rules governing labor arbitrations. The arbitrator’s decision shall be rendered within 90 days after the conclusion of the hearing and the filing of briefs, and shall be final and binding. Each party shall pay one-half of the fee and expenses of the arbitrator. (e) Either party may appeal to the Federal Mediation and Conciliation Service for mediation and conciliation, but such mediation and conciliation shall not be a cause for delay of such arbitration. (f) Any grievance not taken to the next step within the time limit may be deemed to be settled, unless the parties mutually agree in writing to extend the time limit for a particular step. (g) In determining the time limits herein, Saturdays, Sundays and holidays shall be excluded. SECTION 2. The Union shall have the right to submit a grievance involving suspension, layoff, or discharge directly to a Board of Review in accordance with the provisions of Section 1 (c) and said Board of Review shall be convened not more than five days after the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decisionis submitted. SECTION 3. The Employer agrees that their representatives at question of whether or not the Step 3 meeting Company shall pay the employee back pay for the period covered by such suspension, discipline, layoff or discharge if such suspension, discipline, layoff or discharge shall ultimately be held to have the authority to resolve been wrongful may be considered as part of the grievance. SECTION 4. When considering an employee's prior record for the purpose of determining the penalty to be applied in a current disciplinary action, any previous offense more than three years old shall be ignored if it did not result in disciplinary suspension, and the weight to be accorded any other previous offense shall depend on the remoteness of such other offense and on the nature of the employee's record since then.

Appears in 1 contract

Sources: Collective Bargaining Agreement (Uil Holdings Corp)

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a The following grievance is defined asprocedure shall apply: Step 1: Within seven (a7) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation calendar days of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissalalleged violation, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, together with or without a Shop Union ▇▇▇▇▇▇▇ or Union Committee member ▇, (at the employee's option), shall first discuss attempt to resolve the grievance through discussion with his/her immediate supervisor their supervisor. A grievance shall not be submitted, or department head within seven (7) calendar days advanced to Step 2 of the occurrence of grievance procedure until the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed matter has been discussed by the employee and the General Manager, or their designate, in accordance with Step 1 of the grievance procedure unless the dispute includes the discharge or suspension of an employee. Step 2: If the matter is not resolved at Step 1, a Shop Union ▇▇▇▇▇▇▇ or Union Committee member shall present the grievance in writing to the Residence's senior management, clearly setting forth full particulars of the alleged violation, including the Article(s) involved and shall the remedy sought. The written grievance must be presented to within seven (7) days of the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievanceEmployer’s final written step one response. Within seven (7) calendar days following receipt of the meetingwritten grievance, the supervisor or Residence's senior management shall provide the department head shall give his/her employee and the Union with a written reply. If . Step 3: The Shop ▇▇▇▇▇▇▇, Secretary-Business Manager or their designate and representatives appointed by the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegateEmployer, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance or at another mutually agreed to Step Three time to discuss the grievancegrievance if not resolved at Step 2. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 Article 10 within twenty-one thirty (2130) calendar days of the presentation of this decisiondays. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance.Three

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a a. A grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administrationmay be filed by any employee on his/her own behalf, or alleged violation jointly by a group of employees, or by the collective bargaining representative. b. Within seven calendar days of the Agreement including any question as event giving rise to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance the grievant shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss present the grievance with informally for disposition by his/her immediate supervisor or department head at any appropriate level of authority. Presentation of an informal grievance shall be a prerequisite to the institution of a formal grievance. c. If the grievant believes that the grievance has not been redressed within seven (7) calendar days, he/she may initiate a formal grievance within seven calendar days of the occurrence of the grievancethereafter. The supervisor will respond within three working days of discussing the A formal grievance can be initiated only by completing and filing with the employeeExecutive Officer a form provided by him/her for this purpose. d. Step 1 e. Step 2 1. If the grievance is not settled at this step: Then resolved in Step 1 to the satisfaction of the grievant, the party may, within not more than seven (7) calendar days from his/her receipt of the Chief’s decision, request consideration of the grievance by the Executive Officer by so notifying the Executive Officer in writing. Draft 2. Within fifteen calendar days after such notification, the Executive Officer shall investigate the grievance, confer with persons affected and their representatives to the extent he/she deems necessary, and render a decision in writing. 3. If the decision of the Executive Officer resolves the grievance to the satisfaction of grievant, it shall bind the Authority. 4. If the decision of the Executive Officer does not resolve the grievance to the satisfaction of grievant, grievant may file a final appeal to Step One meeting3. f. Step 3 1. A final appeal to Step 3 may be filed, in writing, with the Executive Officer not more than seven calendar days from receipt by grievant of the Executive Officer’s decision. 2. At Step 3, the grievance may be determined by an arbitrator selected by mutual agreement between grievant and Executive Officer, provided they also agree on the issues to be arbitrated. Otherwise, the grievance shall be reduced to writing, signed determined by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and Board of Review. In such event, the decision of the Board of Review shall be presented to made in writing within thirty calendar days after the immediate supervisor or filing of the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee memberappeal. 3. The parties will meet to discuss decision of the grievance. Within seven (7) calendar days following arbitrator or of the meetingBoard of Review, as the supervisor or the department head case may be, shall give be final and binding on all parties. g. Any time limit may be extended only by mutual agreement in writing. h. An aggrieved employee may be represented by any person of his/her written replychoice at any stage of the proceedings. If A representative of the grievance collective bargaining agent is not settled entitled to be present at this stepall meetings, Then within ten (10) calendar days conferences and hearings. i. All expenses of receiving arbitration shall be shared equally by Authority and grievant. j. Failure on the Step Two responsepart of Authority or grievant to appear before the arbitrator, the Union Committee or its delegatewithout good cause, shall notify the Company result in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral forfeiture of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts case and copies responsibility for payment of all relevant documents. The findings or decisions costs of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancearbitration.

Appears in 1 contract

Sources: Memorandum of Understanding

GRIEVANCE PROCEDURE. 7.1 For the purposes of this Agreement, a grievance is defined as: (a) A as a difference arising between the parties relating to the interpretation, application, administration, or alleged violation , 7.2 It is the mutual desire of the Agreement including any question parties hereto that grievances of employees shall be adjusted as to whether a matter is arbitrable.quickly as possible. Such grievances may be taken up in the following manner and sequence: (b) Step 1: The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with reduced to writing and a copy thereof delivered to the Manager or without a Shop ▇▇▇▇▇▇▇ or Union Committee member their delegate within ten (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (710) calendar working days of the occurrence of such grievance. Failing settlement, the Manager or delegate shall deliver their decision in writing within five (5) days following the discussion of the grievance. Failing settlement: Step 2: Within five (5) days after the decision in Step 1, the grievor may submit their grievance to the Director or their delegate. The supervisor will respond Director shall, within three working five (5) days of discussing receiving the grievance grievance, convene a meeting with the employeeLocal Grievance Committee consisting of not more than three (3) members. If The grievor may also attend, and the grievance is not settled Director or their delegate may have such assistance at this step: Then the meeting as they require. The decision of the Director shall be delivered in writing within seven five (75) calendar days of the meeting. Failing settlement: Step One meeting3: Within ten (10) days after the decision in Step 2, the grievance dispute shall be reduced referred to the General Manager and the Union office for further discussion and consideration. The General Manager shall deliver their reply, in writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days. Failing settlement: Step 4: Within ten (10) days of receiving the Step Two response3 decision, the Union Committee or its delegatemay, shall notify by written notice to the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of Company, submit the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts final and copies of all relevant documentsbinding arbitration. The findings or decisions of the Employer shall be presented to the Union in writing parties shall, within seven ten (710) calendar working days of the meetingsending of the notice requesting arbitration, select a mutually acceptable arbitrator. If the grievance parties are unable to agree on the selection of an arbitrator within these ten (10) working days, the Federal Minister of Labour shall be requested by either party to appoint the arbitrator. The cost and/or expenses of the arbitrator shall be borne equally by the Company and the Union, except that no party shall be obligated to pay the cost of stenographic transcript without express consent. 7.3 The Arbitrator shall not have the power to change, modify, extend or amend the provisions of this Agreement, but they shall have the power to direct, if they think proper, that any employee who has been wrongfully suspended, discharged, or otherwise disciplined shall be reinstated with pay and with any other benefit under this Agreement which may have been lost or they may dispose of the case in any manner the Arbitrator deems appropriate. 7.4 If either of the parties of this Agreement consider that this Agreement is being misinterpreted, or violated in any respect by the other party, the matter may be discussed between representatives of the Company and the Union, and if not settled at this stepsatisfactorily settled, either party may refer the grievance matter to arbitration as provided in Step 4 of Section 7.2. 7.5 Time Limits - Any time limit mentioned under Articles 7 or 8 within twenty-one (21) calendar days grievance procedure shall exclude Statutory Holidays and vacations of the presentation of this decision. The Employer agrees that their representatives employee concerned at the Step 3 meeting have 1 level and may be extended by mutual consent. 7.6 Employees shall suffer no loss of pay or other benefits while attending grievance meetings with the authority to resolve the grievanceCompany.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For The Company agrees that the purposes full-time and part-time employees covered by this Collective Agreement have the right to representation by a Grievance Committee of not than two (2) members as may be appointed by the Union. This committee shall have the right to confer with the Company on any grievance having to do with the interpretation, application or alleged violation of this Agreement. No individual member of group of employees shall undertake to represent the Local Union at meetings with Management without proper authorization form the Local Union. There shall be an ▇▇▇▇▇▇▇ effort by both parties to settle all grievances and disputes without undue the procedure which shall govern the handling of such grievances and disputes between the Company and the Union shall be as follows: Step One: Any employee subject to this Collective Agreement believing has been unjustly with or that any of the provisions of this Agreement have not been complied with shall, within seven (7)working days, with a union ▇▇▇▇▇▇▇, take up the grievance verbally with immediate supervisor in an effort to effect a settlement. Ifthe employee does not receive a satisfactory settlement, the Grievance Committee present the grievance in writing to the employee's immediate supervisor within two (2) working days. At such meetings of the Union shall be present if they so desire. Step TWO: The grievance shall then be discussed with the owner or his designate and the employee's immediate supervisor, the employee concerned, the Grievance Committee and the National Representative if requested by either party. If the grievance is defined asnot settled it be referred to Step No. within two (2) working days. Step Three: A final meeting to attempt settlement to resolve the grievance shall then take place between the committee, the employee concerned, the owner or his designate and a National Representative of the Union, who may be called in at the request of either party. In the event a representative is called in, the owner or his designate may request the presence of an outside representative as well. grievance is not then settled, either party may refer the grievance to arbitration within a period of seven (a7) working days, following receipt of the answer from the Company following the Step which be given to the Area of the Union in writing. A complaint or grievance arising directly between the Company and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated under Step No. Arbitration: Any difference arising directly between the parties relating to the interpretation, applicationapplication or administration of this Agreement, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrablearbitrable may be submitted to arbitration. (ba) The dismissalWhen either party requests that a grievance be submitted to arbitration they shall make such in writing, discipline or suspension of an employee bound by addressed to the other party to this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimandAgreement, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option)same time nominate three (3) arbitrators, shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting7)days thereafter, the supervisor or the department head other party shall give his/her written replynominate three (3) arbitrators. If none of the grievance suggested arbitrators is not settled at this step, Then within ten (10) calendar days suitable to both parties then the Minister of receiving Labour for the Step Two response, the Union Committee or its delegate, Province of Ontario shall notify the Company in writing that the grievance will proceed be requested to Step Threeappoint one. The Company and the Union will meet within twenty-one (21) calendar days of referral agree to equally share the expenses of the grievance arbitrator. No matter may be submitted to Step Three to discuss the grievance. At this step arbitration, which has not been properly carried through all previous steps of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions decision of the Employer arbitrator shall be presented to final and binding upon the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceparties.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For Grievances will be processed in accordance with the purposes of this Agreement, a grievance is defined asprocedures outlined below: (a) A difference arising between Step 1. An employee who has a grievance shall first complete the parties relating mutually agreed grievance form. The employee’s ▇▇▇▇▇▇▇, or the employee himself or herself, shall present the completed and signed grievance form to the interpretation, application, administration, employee’s supervisor within fourteen (14) calendar days from the time that the employee knew or alleged violation should have known of the Agreement including any question as facts and circumstances giving rise to whether a matter is arbitrable. (b) the grievance. The dismissal, discipline or suspension of an supervisor will provide the Company’s answer in writing to the aggrieved employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at and the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head Chief Plant ▇▇▇▇▇▇▇ within seven (7) calendar days after the grievance is presented unless an extension is mutually agreed upon in writing. (b) Step 2. If not satisfactorily resolved at Step 1, the mutually agreed grievance form, signed by the employee(s) or his/her ▇▇▇▇▇▇▇, may be presented to the applicable Plant Manager (or his/her designee) and Labor Relations representative. (i) In order to be considered, grievances must be submitted within fourteen (14) calendar days after the Step 1 discussion. (ii) No later than December 15 of the occurrence previous calendar, the parties shall agree to a schedule of regular Step 2 monthly meetings to be held in the following calendar year. Each Division shall hold its own Step 2 monthly meetings. At each monthly Division Step 2 meeting, a designated Labor Relations representative of the grievanceCompany and the applicable Plant Manager (or his/her designee) will meet with the Chief Plant ▇▇▇▇▇▇▇ and applicable Divisional Chief ▇▇▇▇▇▇▇. Unless an extension is agreed upon in writing, at each monthly Division Step 2 meeting, the parties shall discuss all grievances from that Division that reached Step 2 in the preceding calendar month. (iii) Within seven (7) calendar days of a monthly Division Step 2 meeting, the Company will provide a written answer to the grievances heard at that meeting unless an extension is mutually agreed upon in writing. The supervisor will respond within three working days of discussing the grievance with answer shall be sent to the employee, ▇▇▇▇▇▇▇, and the Chief Plant ▇▇▇▇▇▇▇. (iv) The parties may schedule additional Division Step 2 meetings by mutual consent. (c) Step 3. If the Company’s answer does not resolve the grievance acceptably to the Union, the Union may appeal to the Site Leader (or his/her designee) and the Vice President – Human Resources Global Equipment Operations (or his/her designee), provided the appeal is not settled at this step: Then filed within seven (7) calendar days after the answer is received. (i) Upon receipt of an appeal, the Vice President – Human Resources Global Equipment Operations (or his/her designee) will make a complete and thorough review of facts and circumstances underlying the grievance, request any additional information, or conduct any further investigation he/she feels is necessary. (ii) No later than December 15 of the previous calendar, the parties shall agree to a schedule of regular Step One 3 monthly meetings to be held in the following calendar year. Unless an extension is agreed upon in writing, at each monthly Step 3 meeting, the grievance parties shall be reduced to writing, signed by discuss all grievances from that Plant that reached Step 3 in the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee memberpreceding calendar month. The parties Site Leader (or his/her designee) shall attend monthly Step 3 meetings. The Vice President – Human Resources Global Equipment Operations (or his/her designee) will meet to discuss the grievanceappear in person or by teleconference. A UE International Representative and other necessary Union designees may attend a monthly Step 3 meeting. (iii) Within seven (7) calendar days following the of a Step 3 meeting, the supervisor or Company will provide a written answer to all grievances heard at that meeting unless an extension is mutually agreed upon in writing. (iv) When the department head shall give his/her written reply. If Union appeals a grievance to Step 3, and the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Company provides its Step Two 3 response, the Union Committee or its delegateGrievance Procedure will be considered fully exhausted. (v) The parties may, shall notify the Company in writing that the by mutual agreement, request grievance will proceed to Step Three. The Company mediation with a Federal Mediation and Union will meet Conciliation Service mediator within twenty-one sixty (2160) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at after the Step 3 meeting have the authority (and prior to arbitration at Step 4). (d) Step 4. If Step 3 does not resolve the grievance, the Union may request that the grievance be submitted to final and binding arbitration, provided the arbitration demand is submitted to the Company within sixty (60) calendar days after receipt of the Step 3 answer. If the Step 3 answer is not appealed to arbitration within sixty (60) calendar days, the Step 3 answer will be considered final and binding on the employee, the Company, and the Union.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For Step One: Step Two: Step Three: Step Four: Step Five: In the purposes event that a written grievance is submitted arising out of the operation of this Agreement, a grievance is defined as: (a) A difference arising between except in the parties relating to the interpretationcases of discharge or suspension, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimandcontinue to work as per the conditions existing prior to the time that the grievance arose, and adverse reports or performance evaluation. If an employee has a grievance, his/her any formal meetingsto discuss the grievance shall be settled as follows: The employee, with or without a Shop held in the presence of the shop ▇▇▇▇▇▇▇ or ▇. If there is no satisfactory resolution at first step then the Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head may within seven (7) calendar days of days, advise the occurrence of department supervisor that the employee intends to proceed with the grievance. The supervisor department and Area Vice President will respond within three working then have fourteen (14) days from date of discussing notification to deal with, and answer the grievance with the employeeother than those of individual employees may be initiated at Step Two by either party. If the grievance there is not settled no satisfactory resolution at this step: Then second step then either party may, within seven (7) calendar days days, refer the question to the Standing Committee by advising the chairmen of the Step One meeting, Standing Committee of the grievance shall be reduced intention to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss proceed with the grievance. Within seven The Standing Committee then have thirty (730) calendar days following the meeting, the supervisor or the department head shall give his/her written replyto deal with. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this If there is no satisfactory resolution at third step of then the grievance procedurequestion may, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days upon written request of either Standing Committee be referred to the of the meetingLocal and the Mill Manager who will then have thirty (30) days to deal with. and answer the grievance. Either party may elect to invoke outside help at this step such as a regional Union representative a Management representative from outside Port Division. If there is no satisfactory resolution at fourth step then the matter may, within days. be referred to an Arbitrator. The time periods may be extended by mutual agreement by Management and the Local Union. Where a grievance is not settled at this steparising from the discharge of an employee progressesto arbitration, either party may refer elect. in writing, to utilize the grievance procedure outlined in Section below as an to arbitration under Articles 7 or 8 within twenty-one (21) calendar days the procedure set out in Section Section 2: National Officer It is understood that in all discussions grievances, any National Officer may accompany the Union Standing Committee in their meetings and the National Officer may call upon members of the presentation of this decision. The Employer agrees that Union Standing Committee or any other employee to accompany them in their representatives at the Step 3 meeting have the authority to resolve the grievancemeetings with Company officials.

Appears in 1 contract

Sources: Labour Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference Disputes or differences arising between the parties relating to Employer and the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance Union shall be settled as followsin the following manner: Step One: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option)representation, shall first discuss the grievance meet with his/her immediate supervisor and present his/her grievance, in writing, within fourteen (14) calendar days from the date the employee knew or department head reasonably should have known of the occurrence of the matter giving rise to the grievance. The grievance shall specify the section or sections of the Agreement which have allegedly been violated and the remedy requested. The supervisor shall respond, in writing, within fourteen (14) calendar days of the meeting with the employee. Step Two: If the grievance remains unresolved at Step One, the employee may, within seven (7) calendar days of the occurrence receipt of the supervisor’s written response, advance the grievance, in writing to the director of the employee’s department. The director will schedule a meeting with the employee following receipt of the written grievance. The supervisor will respond director shall issue his/her written response within three working fourteen (14) calendar days following the date of discussing the grievance with the employeemeeting. Step Three: If the grievance is not settled resolved at this step: Then Step 2, the employee and/or the Union may advance the grievance, within seven (7) calendar days of receipt of the Step One meeting, department director’ response by providing the Hospital Administrator and Union a copy of the grievance shall be reduced to writing, signed by as submitted at the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee memberprevious step. The parties Hospital Administrator will, within fourteen (14) calendar days schedule a meeting at which the grievance will meet to discuss the grievancebe heard. Within seven The Hospital Administrator will, within fourteen (714) calendar days following the aforementioned meeting, the supervisor or the department head shall give issue his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide response to the other a statement of facts employee and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceUnion.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a 8.01 A grievance is defined as: (a) A difference arising as a disagreement between the parties relating to the interpretation, application or administration of this Agreement or Employer policy, or as an alleged violation of a specific article or section of the Agreement. Grievances can be: (a) individual (impacting one employee); (b) group (impacting more than one employee); or, (c) policy (disputes related to the interpretation, application, administration, operation or alleged violation of the this Agreement including any question as to whether on a matter is arbitrablearising directly between the Union and Employer). (b) The dismissal, discipline or suspension 8.02 Individual and group grievances begin at Step 1. Grievances related to the termination of an employee bound by this agreementwill start at Step 3. Disciplinary action grievable by Policy grievances start at Step 3 and must be filed within ten (10) business days of when the employee grieving party either became aware or should reasonably have become aware of the incident giving rise to the grievance. 8.03 Alleged complaints and grievances shall include written censures, letters of reprimandbe dealt with in the following manner, and adverse reports this procedure shall not be by-passed: Step 1 The aggrieved employee or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, employees along with or without a Shop ▇▇▇▇▇▇▇, or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and on their behalf, shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to first discuss the grievance. Within seven complaint with their supervisor within five (75) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. business days. Step 2 If the grievance alleged complaint is not settled at this stepwithin five (5) business days after the discussion in Step 1, Then the Union shall then submit the grievance in writing to the applicable department head (either the Director, Facilities Management or the Assistant Vice-President, Administration and Ancillary Services) or their representative. The department head or their representative, accompanied by a representative of People and Culture not involved in Step 3, may meet with the impacted employee(s) and the Union representative(s). If a meeting is required, the meeting will be scheduled within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Threebusiness days. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings department head or decisions of the Employer shall be presented their representative respond to the Union in writing not later than five (5) working days following the presentation of the written grievance or the meeting, whichever is later. Step 3 All grievances not settled at Step 2 as well as any policy grievances filed by the Union shall be submitted in writing to the Director, People and Culture within seven ten (710) calendar business days. The Director, People and Culture, along with the applicable management representatives will meet with representatives of the Union. The Union’s representatives may include a Unifor National Representative and/or Local President. The decision of the responding party shall be given in writing to the other party within ten (10) business days following the date of the meeting. If the grievance is not settled at this step, either party may refer the grievance unless otherwise agreed to arbitration under Articles 7 or 8 within twenty-one (21) calendar days by mutual consent of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceparties.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating related to the interpretation, application, administration, administration or alleged violation of the Agreement this collective agreement, including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by In the employee shall include written censures, letters event of reprimand, and adverse reports or performance evaluation. If an employee has having a grievance, his/her the settlement of said grievance shall be settled as follows: handled under the following procedures: Step 1 The individual employee, with or without a his/her Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss the grievance matter with his/her immediate supervisor or head of his/her department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is Should a settlement not settled be agreed upon at this step: Then within seven stage, then: Step 2 Within fourteen (714) calendar days of the employer’s response at Step One meeting1, the grievance shall be reduced to writing, signed by the employee and a the Shop ▇▇▇▇▇▇▇ or Union Committee member member, and shall be presented to the immediate supervisor or head of the department head by a the Shop ▇▇▇▇▇▇▇, or a Union Committee member. The parties will meet to , who shall discuss the grievance. For the BCNU, the ▇▇▇▇▇▇▇ shall be accompanied by the grievor. Within seven (7) calendar days following of receipt of the meetinggrievance, the supervisor or the department head shall give his/her written reply. If Failing a satisfactory settlement at this stage, then: Step 3 HEU - the grievance is not settled at this stepshall be a matter of discussion between the Union Secretary- Business Manager or his/her representative, Then within ten (10) calendar days of receiving the Step Two response, with the Union Committee and the Administrator or its delegate, shall notify the Company in writing that the his/her designated representative. BCNU - The grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to a matter for discussion between the Union in writing within seven (7) calendar days of Labour Relations Officer, grievor, and shop ▇▇▇▇▇▇▇, and the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceEmployer’s representative.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. For SECTION ONE (1): It is mutually agreed that all grievances, disputes or complaints arising under and during the purposes terms of this Agreement shall be settled in accordance with the procedure herein provided and that there shall at no time be any strikes, tie-ups of equipmen~ slow-downs, walkouts, or any other cessation of work through the use of any method lockout or legal proceeding. Every effort shall be made to adjust controversies and disagreements in an amicable manner bytween the employer and the Union. Should an employee choose to pursue an alleged discrimination case under State and Federal Law, the Union and District mutually agree to hold the grievance pending a ruling on said violation. SECTION TWO (2): Should any grievance, dispute, or complaint arise over the interpretation or application of the contents of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance there shall be settled as follows: The employee, with or without a Shop an ▇▇▇▇▇▇▇ or Union Committee member (at effort on the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days part of the occurrence of parties to settle such promptly through the grievance. The supervisor will respond within three working days of discussing following steps: Step 1: By conference between the grievance with the aggrieved employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing▇▇▇▇▇▇▇, signed by or both, and the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and and/or department head. It shall be presented the responsibility of the aggrieved to reduce any grievance in writing on the immediate supervisor or regular grievance form provided by the department head by local Union within five (5) working days of the alleged grievance. Step 2: Before proceeding to Step three (3), a Shop ▇▇▇▇▇▇▇ or a hearing between the Union Committee member. The parties representative and the Assistant Superintendent of Program and Personnel Administration and/or the representatives will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then be held within ten (10) calendar working days of receiving and a decision will be rendered in writing seven (7) working days after the meeting. Step Two response, 3: If the Union Committee or its delegate, shall notify is not satisfied with the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral disposition of the grievance to Step Three to discuss by the grievance. At this step Assistant Superintendent of the grievance procedure, each party shall provide to the other a statement of facts Program and copies of all relevant documents. The findings Personnel Administration or decisions of the Employer shall be presented to the Union in writing if no disposition has been made within seven (7) calendar working days of such meeting, the grievance shall be transmitted to mediation. Either party may request the services of a mediator from the Michigan Employment Relations Commission (MERC) within the ten (10) working days of the meetingdate an answer was due by the Assistant Superintendent of Program and Personnel Administration. Mediation shall not exceed twenty (20) working days from the date of the first mediation session. Nlechanics Master Agreement 1998-2001 Disposition of the grievance in writing by the mediator shall be made no later than seven (7) working days thereafter. If no disposition is made within the seven (7) days, then the Union has the right to move the grievance to the next level or withdraw it. A copy of such mediation disposition shall be furnished to the Union. Step 4: In the event the last step fails to settle the complaint, it shall be referred to arbitration upon the request of either the Union or the employer. The president anJor executive board of the local Union shall have the right to determine whether or not the grievance is qualified to be submitted for arbitration by the Union. Either party may demand arbitration. The party first demanding arbitration shall give two (2) days notice in writing to the other party of its desire to arbitrate. The arbitration board shall consist of three (3) persons, one (1) to be selected by the employer and one (1) to be selected by the Union, and the two (2) selected, if they themselves cannot settle the dispute, shall agree upon a third party whom shall act as chairman of the arbitration board. This board shall be selected within ten (10) days after the request for arbitration is made. If the grievance is representatives of the parties cannot settled at this stepsettle the dispute and cannot agree upon the selection of the third party within fifteen (15) days of their appointment, either party may refer the grievance third person shall be designated by the Michigan Employment Relations Commission (.M. ERe), in accordance with its procedures. The decision of the majority of the board shall be considered a decision of the board provided further that all cases submitted to arbitration under Articles 7 shall be disposed of within ten (10) days from the date the issues are submitted to said board of arbitration; there shall be no strikes, lockouts, cessation's of employment or 8 within twenty-one (21) calendar days changes in employment starus during the progress of the presentation arbitration. Failure to submit to arbitration upon request made as provided in this Article shall result in forreiture of all rights provided by this Agreement. Arbitration costs shall be shared equally by both parties. The arbitration board shall have no power to add to, subtract from, or modify this Agreement, or to declare any provisions of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceAgreement illegal.

Appears in 1 contract

Sources: Master Agreement

GRIEVANCE PROCEDURE. For 6.01 The following procedure will be followed in the purposes settlement of this disputes arising out of the Agreement, a . STEP 1: The employee must submit his/her verbal grievance is defined as: to his supervisor/designate at the first reasonable opportunity; in any case within four (a4) A difference arising between working days (employee) from the parties relating to date of the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrableagreement. STEP 2: Failing an answer or a satisfactory settlement as in Step 1, within five (b5) working days of the incident, the aggrieved employee, accompanied by a committeeperson, shall meet with this supervisor or his representative. At this time, the grievance must be submitted to the Company in writing. The dismissalgrievance should state in what respect the Agreement has been alleged to be violated or misinterpreted with reference to the specific Clause or Clauses relied upon and nature of the relief or remedy sought. A decision in writing will be rendered by his immediate supervisor, discipline or suspension of his representative, to the committeeperson within two (2) working days following this meeting. STEP 3: Failing an employee bound by this agreement. Disciplinary action grievable by answer or a satisfactory settlement as in STEP 2, within five (5) working days, the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The aggrieved employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at of the employee's option)plant committee, shall first discuss refer the grievance with his/her immediate supervisor in writing to the General Manager or department head within seven (7) calendar days his designate. A meeting to review the merits of the occurrence of the grievance. The supervisor grievance will respond be held at a mutually agreed time and date within three five (5) working days of discussing such submission. A representative from the grievance UAW office will be included, either in person or other arranged manner. The General Manager or his designate shall render his decision in writing to the Plant Chairperson within five (5) working days from the date of the meeting of the parties. 6.02 Policy or group grievances initiated by the Company or by the Union will begin at the third step of the Grievance Procedure, with strict adherence to the terms of the third step of the Grievance Procedure. 6.03 Grievances dealing with discharge shall commence with the employeethird step of the Grievance Procedure, with strict adherence to the terms of the third step of the Grievance Procedure. 6.04 The time limits foreseen at the various steps of the Grievance Procedure may be extended by mutual consent in writing by both parties. 6.05 No matter may be submitted to Arbitration which has not been properly carried through all previous STEPS of the Grievance Procedure. 6.06 Failing a satisfactory settlement as in the third STEP, the Grievance may be submitted to Arbitration as outlined in Article 7 of this Agreement. 6.07 The Company shall not be subject to any financial liability for any period of more than fifteen (15) working days maximum, retroactive from the date a grievance was filed in writing. 6.08 The above provision shall not apply in cases of wage adjustments or monetary settlements arising out of arbitration awards. The arbitrator’s decision will govern all monetary reimbursements. 6.09 If the grievance is not settled at this step: Then within seven (7) calendar days of employee or the Step One meeting, Union fails to meet the time limits set out in the Grievance Procedure; the grievance shall be reduced deemed to writing, signed by be settled in favour of the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee memberother party. The parties will meet to discuss time limits as set forth in the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company Article may be extended by mutual agreement in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceby both parties.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. ‌ 7.1 For purpose of the purposes grievance procedure, grievance is defined as a dispute or disagreement as to the interpretation or application of any term or terms of this Agreement, a grievance is defined as. 7.2 Grievances shall be resolved in the following manner: (a) A difference arising between Step 1. An employee and/or the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop UNION ▇▇▇▇▇▇▇ or Union Committee member claiming a violation of the terms of this Agreement shall, within ten (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (710) calendar days of after the occurrence of the event giving rise to the grievance, or ten (10) calendar days after the employee, through use of reasonable diligence, gained knowledge of the occurrence, meet on an informal basis with the immediate supervisor, as designated by the EMPLOYER, in an attempt to resolve the grievance. The supervisor will respond within three working days of discussing Supervisor shall attempt to resolve the grievance with within ten (10) calendar days. Step 2. In the employee. If event the grievance is not settled at this step: Then within seven (7) calendar days of satisfactorily resolved by the Step One meetingSupervisor, the grievance shall be reduced to writing, signed by the employee and a Shop and/or UNION ▇▇▇▇▇▇▇ or Union Committee member and shall be presented may reduce the alleged grievance to writing to serve it upon the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven Department Head within ten (710) calendar days following receipt of the meetingEMPLOYER'S Step 1 answer. The written statement of the grievance shall set forth the nature of the grievance, the supervisor or facts on which it is based, the department head alleged section(s) of the Agreement violated, and the relief requested. The Department Head shall give his/her written reply. If meet with the grievance is not settled at this stepgrieving parties, Then attempt to resolve the grievance, and serve the EMPLOYER'S Step 2 answer upon the UNION within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. Step 3. If the grievance is not settled at this stepremains unresolved, either party the UNION may refer the grievance proceed to arbitration under Articles 7 or 8 Step 3 within twenty-one ten (2110) calendar days following receipt of the presentation of this decisionEMPLOYER'S Step 2 answer by presenting the grievance in writing to the Council Administrator. The Employer agrees that Council Administrator shall meet with the grieving parties within ten (10) calendar days after receiving notice of the UNION'S intention to proceed with the grievance pursuant to Step 3. Step 4. Either party may request mediation or arbitration by serving a written notice on the other party of their representatives at the Step 3 meeting have the authority intention to resolve the grievance.proceed with mediation or arbitration within ten

Appears in 1 contract

Sources: Labor Agreement

GRIEVANCE PROCEDURE. For 11.1 A grievance is defined as a dispute or disagreement as to the purposes interpretation or application of the specific terms and conditions of this Agreement, a grievance is defined as. Grievances shall be settled in the following manner: Step 1. The Union ▇▇▇▇▇▇▇, with the employee, shall take up the grievance within ten (a10) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation working days of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance knowledge of its occurrence with the Employer-designated representative. The Employer-designated representative shall be settled as follows: The employee, with or without a Shop attempt to adjust the matter and shall respond to the ▇▇▇▇▇▇▇ or Union Committee member within ten (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (710) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employeedays. Step 2. If the grievance is not settled at this step: Then still unsettled, the Union may, within seven ten (710) calendar working days after the reply of the Step One meetingemployer designated representative is due, present the grievance shall be reduced to grievance, in writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor appropriate department director or employer designated representative who shall respond to the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven within ten (710) calendar days following the meeting, the supervisor or the department head shall give his/her written replyworking days. Step 3. If the grievance is not settled at this stepstill unsettled, Then the Union may, within ten (10) calendar working days after the reply of receiving the Step Two responsedepartment director is due, present the Union Committee or its delegate, shall notify the Company grievance in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meetingCounty Human Resources Director. Step 4. If the grievance is not settled at still unsettled, the Union may, within ten (10) working days after the reply of the County Human Resources Director is due, by written notice to the County Human Resources Director, request mediation by the State Mediation Service. Step 5. If no settlement is reached through mediation, the Union may, within ten (10) working days, submit the matter to arbitration in accordance with the procedures set forth in Minnesota Statutes Chapter 179A. 11.2 The fees and approved expenses of the arbitrator shall be borne equally by both parties. The decision of the Arbitration Panel shall be final and binding upon both parties. 11.3 The arbitrator shall render a decision in accordance with the requirements of Minnesota Statutes Chapter 179A. The arbitrator shall have no power to add to, subtract from or modify any terms of this stepAgreement, nor shall the employee substitute their discretion for that of either party. 11.4 If either party desires a verbatim record of the arbitration proceedings, it may refer cause such a record to be made, providing it pays for the record. If both parties desire a verbatim of the proceedings, the cost shall be shared equally. Each party shall be responsible for compensating its own witnesses or experts involved in an arbitration procedure. 11.5 If a grievance is not presented within the time limit set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the employer's last answer. If the employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days the next step. The time limit in each step may be extended by the mutual agreement of the presentation of this decisionemployer and the Union in each step. The Employer agrees that their representatives If a grievance is based on a directive which originates higher than the individuals referred to in either Step 1 or Step 2, the grievance may be commenced at the level at which the action which resulted in the filing of the grievance occurred. In no case shall the process begin above Step 3 meeting have 3. 11.6 Nothing in this Agreement shall provide a non-regular (probationary, temporary and seasonal) employee with a right to binding arbitration with regard to disciplinary action. 11.7 If a grievance involves the authority suspension or discharge of an employee who has attained regular status, the Union may elect to resolve commence the grievancegrievance procedure by filing the written grievance with the County Human Resources Director at Step 3.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For Section 1. A grievance shall be defined as a claim of an employee, or the purposes local Union, covered by the Agreement, which involves the interpretation, administration of, or compliance with a specific provision of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop An ▇▇▇▇▇▇▇ effort shall be made to settle such grievances in accordance with the provisions of this Article. Section 2. All grievances must be submitted to the Employer in writing, on a form provided by the Union within thirteen (13) calendar days after the event or events giving rise to the grievance occurred or within thirteen (13) calendar days after those events reasonably should have been known. Section 3. At any time, a Union Committee member (at representative or an aggrieved employee may elect to resolve a problem by first discussing it with a supervisor. If the problem is not mutually resolved, whether or not a discussion is held, a grievance shall be presented in writing to the Employer and it shall be processed in the following manner: Step 1 Grievances shall be presented in writing to the employee's option)’s manager or supervisor, shall first discuss with a copy to the grievance Hospital’s Director and/or Manager of Human Resources for discussion with the aggrieved employee and his/her immediate Union ▇▇▇▇▇▇▇. The grievance shall identify the section of the contract allegedly violated and set forth a statement of the facts on which the employee is relying. The manager or supervisor or department head shall schedule a discussion with the aggrieved employee and his/her Union ▇▇▇▇▇▇▇ within seven (7) calendar days of the occurrence of after receiving the grievance. The supervisor will respond manager or supervisor’s written answer shall be made available to the Union within three working fourteen (14) calendar days of discussing after the grievance with Step 1 discussion. Step 2 If no mutually acceptable conclusion is reached in Step 1, it must be submitted to the employee. If the grievance is not settled at this step: Then designated Human Resources representative within seven (7) calendar days after receipt of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance1 answer. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at after receipt of this step, Then the designated Human Resources representative shall meet with not more than two (2) Union representatives, one of whom may be an outside Union representative. Representatives of the Employer may include a like number. The designated Human Resource representative shall give the written decision of the Employer regarding the grievance to the Local Union President or designee within fourteen (14) calendar days following such meeting. The Employer/Hospital shall provide the Step 2 answer electronically to Local 1168 and to the CWA District office. Step 3 If no mutually acceptable conclusion is reached in Step 2, the grievance may be resolved by the Mini-Arbitration Procedure if mutually agreed to by the Employer and the Union as agreed upon by parties and attached to this Agreement as MOU #2, and pursuant to those guidelines. Should the matter necessitate formal arbitration the party wishing to arbitrate must, within sixty (60) calendar days after receipt of the Step 2 answer, notify the other party in writing of its intention to arbitrate the grievance and subsequently notify the Federal Mediation and Conciliation Service and request that a panel of seven (7) arbitrators be submitted to the parties. Within ten (10) calendar business days of receiving receipt of the Step Two responseFMCS panel, the Union Committee or its delegate, party wishing to arbitrate shall notify arrange for the Company in writing that the grievance will proceed parties to Step Threealternately strike names until one name remains. The Company remaining name shall be the arbitrator for that grievance. Either party may reject the first panel of arbitrators and Union request one additional panel. The parties, by mutual agreement, may also bypass the above procedure and mutually agree on an arbitrator. Once the arbitrator has been selected and potential dates received, both parties must submit available dates to the arbitrator as soon as reasonably possible. Both parties will meet within twenty-one (21) calendar days of referral provide all available dates and will make every effort to schedule the arbitration as soon as possible. In all cases, the decisions of the grievance arbitrator will be final and binding on all parties. Section 4. The arbitrator shall have the authority only to Step Three interpret the terms and provisions of the Agreement and shall have no authority to discuss add to, modify or change any of the provisions herein. In the case of discharge or suspension, the arbitrator shall have the authority to uphold the discharge or suspension, to uphold the grievance, or to assess a lesser penalty, including in either case the authority to suspend the employee for any appropriate period or to reinstate the employee, with or without back pay and/or with or without restitution of full seniority and/or benefits. Section 5. At this The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other. Section 6. Any grievance not answered within the specified time periods may be appealed to the next step of the grievance procedure, each party shall provide to procedure immediately. Grievances may be entertained at any step by the other a statement mutual consent of facts and copies of all relevant documentsthe parties in writing. The findings or decisions time limits may be changed at any Step by the mutual consent of the Employer parties in writing. Failure by the Union or the grievant to comply with any time limitations including those relating to an arbitration demand, will close the grievance. Section 7. Any grievance concerning disciplinary action, including discharge or suspension shall be presented reduced to writing and received by the Union in writing Human Resources office within seven (7) calendar days after the action has been taken. Grievances concerning disciplinary action shall be processed beginning with Step 2 of the meetinggrievance procedure. Section 8. No individual employee may institute an arbitration proceeding. Section 9. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Section 10. Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator, except by mutual agreement in writing signed by the Employer and the Union. Section 11. In the event there are outstanding information requests, time limits at any step of the grievance process can be extended by mutual agreement. Such requests for extension of time limits will not be unreasonably denied. Section 12. In the event that the internal CWA appeals process for arbitration is being utilized, the Union will promptly notify the employer in writing and indicate the date of convention that the final step would be considered. In such case, the time limits for requesting a panel of arbitrators will be extended beyond the time frame set forth in section 3 above as follows: a.) If the grievance appeal is not settled at this step, either party may refer made to the grievance CWA District Vice President: Time limit extended 30 days. b.) If the appeal is made to arbitration under Articles 7 or 8 within twenty-one (21the CWA President: Time limit extended 30 days. c.) calendar days If the appeal is made to the CWA Executive Board: Time limit extended 30 days. d.) If the appeal is made to the CWA Convention: Time limit extended to the date of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancenext CWA Convention.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For Section 1. A grievance shall be defined as a claim of an employee, or the purposes local Union, covered by the Agreement, which involves the interpretation, administration of, or compliance with a specific provision of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop An ▇▇▇▇▇▇▇ effort shall be made to settle such grievances in accordance with the provisions of this Article. Section 2. All grievances must be submitted to the Employer in writing, on a form provided by the Union within thirteen (13) calendar days after the event or events giving rise to the grievance occurred or within thirteen (13) calendar days after those events reasonably should have been known. Section 3. At any time, a Union Committee member (at representative or an aggrieved employee may elect to resolve a problem by first discussing it with a supervisor. If the problem is not mutually resolved, whether or not a discussion is held, a grievance shall be presented in writing to the Employer and it shall be processed in the following manner: Step 1 Grievances shall be presented in writing to the employee's option)’s Nurse Manager or supervisor, shall first discuss with a copy to the grievance Hospital’s Director and/or Manager of Human Resources, for discussion with the aggrieved employee and his/her immediate supervisor Union ▇▇▇▇▇▇▇. The grievance shall identify the section of the contract allegedly violated and set forth a statement of the facts on which the employee is relying. The Nurse Manager or department head supervisor, shall schedule a discussion with the aggrieved employee and his/her Union ▇▇▇▇▇▇▇ within seven (7) calendar days of the occurrence of after receiving the grievance. The supervisor will respond Nurse Manager or supervisor’s written answer shall be made available to the Union within three working fourteen (14) calendar days of discussing after the grievance with Step 1 discussion. Step 2 If no mutually acceptable conclusion is reached in Step 1., it must be submitted to the employee. If the grievance is not settled at this step: Then designated Human Resources representative within seven (7) calendar days after receipt of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance1 answer. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at after receipt of this step, Then the designated Human Resources representative shall meet with not more than two (2) Union representatives, one of whom may be an outside Union representative. Representatives of the Employer may include a like number. The designated Human Resource representative shall give the written decision of the Employer regarding the grievance to the Local Union President or designee within ten fourteen (1014) calendar days of receiving following such meeting. The employer/hospital shall provide the Step Two response2 answer electronically to Local 1168 and the CWA District Office. Step 3 If no mutually acceptable conclusion is reached in Step 2, the grievance may be resolved by the Mini-Arbitration Procedure if mutually agreed to by the Employer and the Union Committee or its delegateas agreed upon by the parties and attached to this agreement as MOU #4, shall notify and pursuant to those guidelines. Should the Company in writing that matter necessitate formal arbitration the grievance will proceed party wishing to Step Three. The Company and Union will meet arbitrate must, within twenty-one sixty (2160) calendar days of referral after receipt of the grievance Step 2 answer, notify the other party in writing of its intention to Step Three to discuss the grievance. At this step of arbitrate the grievance procedure, each party shall provide to and subsequently notify the other Federal Mediation and Conciliation Service and request that a statement panel of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance.seven

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For the purposes purpose of this Agreement, a grievance is defined as: (a) A any difference arising or dispute between the parties relating to Employer and the interpretationUnion, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by or group of employees concerning the interpretation or application of this agreementAgreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, The parties agree to make prompt and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ efforts to resolve such matters. The procedure for handling a grievance pertaining to any such difference or Union Committee member (at the employee's option)dispute which may arise under this Agreement, shall first discuss be as follows, except that grievances involving disciplinary suspensions, transfers or terminations may be taken directly to Step 2. STEP 1. Since it is in the best interest of all concerned that a grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employeebe promptly and STEP 2. If the grievance matter is not settled at this in the first step: Then within seven (7) calendar days of , and the Step One meetingUnion wishes to further pursue it, the grievance shall be reduced to writing, signed writing and presented to the responsible Human Resources Manager or other management employee designated by the employee and a Shop Employer within ten (10) calendar days following response at the first step or the date on which it was due whichever is earlier. The aggrieved employee, the Union ▇▇▇▇▇▇▇ or Union Committee member ▇, and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet Representative may request a meeting to discuss the grievance. Within seven (7) calendar days following grievance with the meeting, the supervisor or the department head Human Resources Manager; such meeting shall give his/her written reply. If the grievance is not settled at this step, Then be scheduled within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Threethis request. The Company and Union will meet Human Resources Manager shall give his or her written response within twenty-one ten (2110) calendar days of referral of after the second step meeting. STEP 3. If the matter is not settled in the second step, and the Union wishes to further pursue it, the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Employer’s Principal Officer or other management employee designated by the Employer within ten (10) calendar days following response at the second step, or the date on which it was due, whichever is earlier. The aggrieved employee, the Union in writing ▇▇▇▇▇▇▇, and a Union Representative may request a meeting to discuss the grievance with the Principal Officer or other management employee designated by the Employer; such meeting shall be scheduled within seven ten (710) calendar days of the meetingthis request. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 The Principal Officer shall give his or 8 her written response within twenty-one ten (2110) calendar days of after the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancethird step meeting.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For Prior to formal grievance – nurse and manager. Except in cases of documented discipline, which shall be initiated directly at STEP 1, the purposes employee will first attempt to resolve the problem with the employee’s manager. When the employee brings the matter to the manager’s attention, the employee must identify the matter as a potential grievance. When notified, the manager will schedule a meeting with the employee within ten (10) days of notification. The nurse will be permitted to bring a non-participating witness to the meeting if he or she so desires. The manager will respond in writing within fifteen (15) days following the meeting and the written response will include notification of the employee’s right to share the response with his or her representative, consult with an Association representative and file a grievance within fifteen (15) days. The response shall not violate any provision of this Agreement. STEP 1. If the matter is not resolved through the attempted resolution with the manager, the employee, or the Association on behalf of the employee or group of employees, shall, within fifteen (15) days after receiving the manager’s response or within fifteen (15) days of the response being due, present the grievance in writing, on the “Official Grievance Form” (Appendix C) or facsimile, complete with all the information required on the form, to the employee’s manager division director or designee. The written grievance statement shall include: a. The date the grievance occurred; b. A description of the problem; c. The contract provision alleged to be violated; and d. The remedy sought. The manager division director or designee shall schedule a meeting with the grievant within fifteen (15) days of receipt of the grievance and then respond in writing within fifteen (15) days of the meeting receipt of the grievance. If a response is untimely, the grievance will be considered automatically elevated to STEP 2. STEP 2. If the response is deemed to be unsatisfactory grievance is defined as: (a) A difference arising between not resolved at STEP 1, the parties relating to employee or the interpretation, application, administration, or alleged violation Association on behalf of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include submit the written censures, letters of reprimand, grievance and adverse reports the response from the manager division director at STEP 1 to Human Resources the division director or performance evaluationdesignee at STEP 2. If an employee has a grievance, his/her The grievance shall must be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member submitted within ten (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven 10) fifteen (715) calendar days of the occurrence receipt of the response at STEP 1 or of automatic elevation from STEP 1. The division director Chief Nurse Executive or designee shall schedule a meeting with the grievant within fifteen (15) days of receipt of the grievance and then respond in writing within fifteen (15) days of the grievance meeting. If a response is untimely, the grievance will be considered automatically elevated to STEP 3. STEP 3. If the response from STEP 2 is unsatisfactory, the written grievance and the responses at STEP 1 and STEP 2 shall be submitted to the Chief Nurse Executive at STEP 3. The grievance must be submitted within ten (10) days of the receipt of the response at STEP 2. The Chief Nurse Executive or her/his designee shall respond in writing within fifteen (15) days of receipt of the grievance. The supervisor will respond within three working days of discussing parties shall meet and discuss the grievance with the employeeat each step as described above STEP 2 and at STEP 3 unless such meeting is mutually waived. Other meetings may be held by mutual agreement. STEP 4 3 -- Arbitration. If the response from STEP 3 is unsatisfactory grievance is not settled resolved at this step: Then within seven (7) calendar days of the Step One meetingSTEP 2, the grievance shall be reduced to writingAssociation shall, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar fifteen (15) days of receiving the Step Two responsereceipt of the response at STEP 3 2 or of automatic elevation from STEP 2, the Union Committee or its delegate, shall notify the Company in writing Human Resources that the grievance will proceed it wishes to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of submit the grievance to Step Three arbitration. Either the Association or the Employer may advance a grievance to discuss arbitration; an individual employee or group of employees may not pursue arbitration without the grievance. At this step of Association’s authorization. a. The parties agree that whenever feasible a pre-arbitration meeting will be held by the grievance procedure, each party shall provide parties to attempt to formulate a submission agreement to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancearbitrator.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a a. Definition: A grievance is defined as: (a) A difference arising between the parties relating to any dispute which involves the interpretation, application, administration, or alleged claimed violation of any provisions of this Memorandum of Understanding, which actually affects one or more members. Disputes concerning reclassification (i.e., class study findings) or examinations (i.e., written test items) shall be processed in accordance with the Agreement including any question as rules of the Civil Service Commission (to whether a matter is arbitrablethe extent applicable) and shall not be considered grievances under the Grievance Procedure set forth herein. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her b. Procedure: A grievance shall be settled as follows: The employee, with or without filed according to the following procedures: Step 1. An employee having a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), grievance shall first discuss the grievance it with his/her immediate supervisor or department head and endeavor to work out a satisfactory solution in an informal manner with such supervisor within seven fourteen (714) calendar days of the occurrence of event giving rise to the grievance. Step 2. The supervisor will respond AMP, on behalf of any Member who believes that he/she has a grievance, may within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven fourteen (714) calendar days upon the completion of Step 1, present the grievance in writing to the immediate supervisor directly involved in the event. Grievances not presented within the time period shall be deemed to be waived and the event giving rise to the grievance shall remain unaltered in any respect. The Step 2 grievance shall contain the following: 1. A statement of the Step One meetingalleged grievance; 2. The date of the alleged grievance; 3. The specific section(s) of this MOU allegedly violated; and 4. The remedy requested. When the immediate supervisor is also the department head, the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled directly at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 3 within twenty-one (21) calendar days of the presentation event giving rise to the grievance. Step 3. If the grievance is not resolved with the immediate supervisor, AMP, on behalf of this the Grievant, may within seven (7) calendar days from the completion of Step 2 submit the grievance in writing to the Department Head for consideration, with a copy to the Human Resources Director. The Department Head or designee shall respond in writing to the Grievant, with a copy to the Human Resources Director within fourteen (14) calendar days after the submission of the grievance. Step 4. If the matter is not resolved at Step 3, AMP, on behalf of the Grievant shall, within fourteen (14) calendar days of receiving the Department Head's response, submit the grievance to the City Manager, with a copy to the Human Resources Director, for final disposition. The Step 4 grievance shall include a summary of why the Grievant disagrees with the Department Head decision. The Employer agrees that their representatives City Manager or designee shall respond in writing to the Grievant, with a copy to the Human Resources Director, within fourteen (14) calendar days after the submission of the grievance. Step 5. If the matter is not resolved at Step 4, and at the Step 3 meeting have request of AMP, on behalf of the authority Grievant, the matter may be referred to a disinterested third-party Mediator. The Mediator may be selected by mutual agreement of the parties or provided by the State Mediation and Conciliation Service. Each side will bear its own costs for said mediation, and the actual cost for the Mediator will be shared equally between the City and the Grievant. If the parties are unable to resolve the grievancematter through mediation, the Mediator will make a recommendation, which shall be advisory only and shall not be binding. Recommendations involving grievances which seek monetary relief shall be limited to a maximum of 60-days’ retroactivity. The Mediator’s recommendation shall be submitted to the Grievant and to the City Manager or designee. The City Manager or designee shall consider the Mediator’s recommendation and, within fourteen (14) calendar days of receiving the recommendation, notify the Grievant in writing whether his or her previous position has been modified with a detailed explanation of said decision. The City Manager or designee’s decision shall be final.

Appears in 1 contract

Sources: Memorandum of Understanding

GRIEVANCE PROCEDURE. For SECTION 1. Should differences as to the purposes application, or interpretation, of the terms of this Agreementagreement arise between CDC/ CMC and the Union or CDC/ CMC and any employee included in the bargaining unit, a grievance such difference or controversy shall be handled in the manner hereinafter set forth. It is defined as: (a) A difference arising between the parties relating purpose of this section to provide procedure for prompt, equitable adjustment of grievances. It is understood and agreed that grievances to be considered hereunder must be filed promptly after the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrableoccurrence thereof. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluationStep 1. If an employee has agreement cannot be reached following a grievancediscussion between the grievant, his/her grievance shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at and Supervisor. The problem will be reduced to writing and submitted to the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievanceappropriate supervisor. The supervisor will respond within three working days have the responsibility of discussing replying to the grievance promptly and with a complete explanation of why they disagree or what they recommend as a remedy. An answer in writing shall be given to the employee. If grievant by the supervisor within twenty-four (24) hours after presentation of the grievance unless such period is not settled at this step: Then within seven (7) calendar days extended by mutual agreement between the supervisor and the Shop Chairman, Chief ▇▇▇▇▇▇▇, or the President of the Step One meeting, Union. The grievance will then be returned to the grievance shall be reduced to writing, signed by the employee and a Shop appropriate ▇▇▇▇▇▇▇ for the Union’s acceptance or Union Committee member rejection. If rejected it will be signed and shall numbered by the ▇▇▇▇▇▇▇, a copy of the numbered grievance will then be presented provided to the immediate supervisor or supervisor. The original will be retained by the department head by a Shop ▇▇▇▇▇▇▇ or and then submitted to the second step for action within three (3) working days. If remedy is accepted it is signed and a Union Committee membercopy is returned to the supervisor. Step 2. The parties will meet to discuss the grievance. Within seven Labor Relations manager must schedule this meeting within five (75) calendar working days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral from receipt of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documentsfrom first step. The findings or decisions of Labor Relations Manager will meet with the Employer shall appropriate manager and the Divisional Grievance Committee. If an agreement is reached then it will be presented to answered as completely as possible by the Union in writing within seven (7) calendar days Labor Relations Manager and signed off by the Divisional Grievance Committee at the time of the meeting. If an agreement is not reached then the reason will be given to the Divisional Grievance Committee within three (3) working days. The Divisional Grievance Committee will sign off that it has not been accepted and submit it to the third step. Step 3. This meeting must be scheduled within five (5) working days from the receipt of the grievance from the second step. The Top Committee will meet with the Director of Human Resources and Labor Relations and the appropriate Management designees to discuss a remedy to the problem. If a remedy is found and agreed to, it will be the Company’s responsibility to answer the grievance and the Union to sign off at the time of the meeting. In the event a final agreement is not settled at this step, either party may refer reached the grievance reasons will be answered by the Companies and given to arbitration under Articles 7 or 8 the Top Committee within twenty-one five (215) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceworking days.

Appears in 1 contract

Sources: Collective Bargaining Agreement (Colt Finance Corp.)

GRIEVANCE PROCEDURE. For A grievance within the purposes meaning of this Agreement shall be any difference of opinion, controversy or dispute raised relating to the interpretation or application of any provision of the Agreement. The provisions of this Agreement constitute the sole procedure for the processing and settlement of any claim by an employee of the Union of a violation by the Employer of this Agreement, . Step 1 ‐ An employee having a grievance is defined as: (a) A difference arising between shall first take the parties relating matter up with the immediate supervisor. The employee may choose to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether have a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Union ▇▇▇▇▇▇▇ or Union Committee member (present at the employee's option), this meeting. The supervisor shall first discuss attempt to resolve the grievance with his/her immediate supervisor or department head and shall respond to the employee in writing within seven three (73) calendar working days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. meeting. Step 2 ‐ If the grievance is not settled satisfactorily resolved at this step: Then within seven (7) calendar days of the Step One first step meeting, the grievance shall be reduced to writingwriting citing the specific contract provision(s) violated, signed by a description of the employee nature of the violation, and a Shop ▇▇▇▇▇▇▇ or Union Committee member the remedy requested and shall be presented to the immediate supervisor or Administrator. Grievances shall be considered timely if submitted no later than twenty (20) calendar days after the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet date of the occurrence giving rise to discuss the grievance. However, grievances regarding the disciplinary action imposed on an employee shall be considered timely if submitted no later than twenty (20) calendar days after the receipt by the Union of a copy of the disciplinary letter. Grievances concerning wages shall be considered timely if submitted within three (3) months after the regular pay period for the period in which the claimed violation occurred. Within seven (7) calendar days following receipt of the meetingwritten grievance, the supervisor Director of Program Services, or other designee of the department head Employer, and the authorized Union representative shall give his/her written replyschedule a meeting. If The authorized Union representative may represent the grievance is not settled employee and the employee may be present at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Threemeeting. The Company and Union will meet within twenty-one (21) calendar days Director of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party Program Services or designee shall provide respond to the other a statement of facts and copies of all relevant documents. The findings or decisions of Union, in writing, with the Employer shall be presented to the Union in writing Employer’s position within seven (7) calendar days of the meeting. The Union shall initiate the grievance of a suspension or discharge as a grievance at the second step of the grievance procedure. Step 3 ‐ If the grievance is not settled at this stepsatisfactorily resolved in Step 2, either party may refer the grievance to arbitration under Articles 7 or 8 Union shall, within twenty-one fourteen (2114) calendar days after receipt of the presentation answer of this decisionthe Employer, demand, in writing, to arbitrate the grievance. The Employer agrees that their representatives at time limits in any of the Step 3 meeting have steps to the authority grievance and arbitration procedures are mandatory and may be extended only by written mutual agreement. Failure to resolve follow time limitations shall result in the grievancegrievance being permanently barred, waived and forfeited and it shall not be submitted to arbitration.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For 1. Employee grievances and disputes concerning the purposes interpretation and application of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretationor any Agreement made supplementary hereto, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: in accordance with the following procedure: Step 1. The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at and the employee's option), employee shall first discuss take up the grievance or dispute with the EMA Coordinator within five (5) working days of the date of the grievance or the date when he/she first should have had knowledge of its occurrence. The Coordinator will attempt to resolve the matter and will, in any event, respond to the employee and his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to in writing within three (3) working days. Step 2. If the immediate supervisor or answer is not satisfactory, the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee membershall so advise the Employer’s designated Human Resources Director in writing within three (3) working days after the response of the EMA Coordinator was due. The parties matter shall then be considered at the next Grievance Committee meeting. The Employer’s final decision on the grievance will meet be presented in writing to discuss the grievance. Within seven Grievance Committee chairperson within five (75) calendar working days following after the close of such Grievance Committee meeting, with copy to the supervisor or the department head shall give his/her written replyLocal’s Union President. Step 3. If the grievance is not settled at this stepstill unresolved, Then either party may within ten (10) calendar working days after the response of receiving the designated representative of the Employer is due make written request for arbitration. The Union’s International Union Representative may attend and participate in all matters pertaining to the grievance at Step Two response2 and beyond. The arbitration procedure may only be invoked with the approval of the Union, and in the case of an employee grievance, only with the approval of the employee. Within five (5) work days from the date of receipt of the written request for arbitration, the Employer and the Union shall meet and either mutually agree upon an arbitrator or jointly petition the Public Employment Relations Board or the Federal Mediation and Conciliation Service to submit a list of five (5) arbitrators, all of whom shall be members of the National Academy of Arbitrators, from which one (1) arbitrator shall be selected to hear and decide the grievance. The Employer and the Union shall meet within five (5) work days from the receipt of said list and alternately strike four (4) names from the submitted list and the person whose name is left shall be the arbitrator. Provided, however, the Union and the Employer may mutually agree that the list of proposed arbitrators submitted is unacceptable and will thereafter jointly petition the Public Employment Relations Board or the Federal Mediation and Conciliation Service for a new list of five (5) arbitrators. The party making the first strike shall be decided by the flip of a coin. The arbitrator shall conduct a hearing on the grievance within a reasonable time and shall be empowered to rule on all disputes concerning the interpretation and application of this Agreement. However, he/she shall have no power to change or amend the terms, conditions of application of this Agreement or any other Agreement made supplementary hereto. The decision reached by the arbitrator shall be final and binding upon the parties. Unless otherwise agreed to by the Employer and the Union, the decision of the arbitrator and the findings upon which it is based shall be in writing and the copies thereof presented to each party within thirty (30) days from the date the hearing terminates. Each party shall have equal time to present its case but no hearing shall extend beyond five (5) work days unless agreed to by the parties. The party initially requesting arbitration shall present its case first. Each party shall bear all the expense incurred in the presentation of its case, and both parties shall equally share the expense of the arbitrator and other incidental and necessary expenses involved. Employees will not be paid by the Employer for time spent on arbitration or related activities. 2. No meetings related to union activity shall be called for or held during working hours. 3. It shall be the duty and responsibility of the Union representative, the Union Grievance Committee and the Stewards to make every effort to encourage employees to settle all grievances through the established grievance procedure without any interference with the performance of the Employer’s services except to the extent provided for under the grievance procedure. The procedures set forth herein shall constitute the sole and exclusive method for the determination, decision, adjustment or its delegatesettlement between the parties of any and all grievances and shall constitute the sole and exclusive remedy, except as may be otherwise provided by law. 4. No dispute concerning an entire job classification and rate therefore shall be subject to a grievance or arbitration unless during the period of this Agreement the Employer materially changes the job duties of an existing job, creates a new job classification or changes the rate of pay for any existing job classification. 5. An employee may use the grievance procedure to challenge whether he/she is properly classified. 6. Grievances must be taken up promptly and awards and settlements thereof shall in no case be retroactive beyond the date on which the grievance was first presented to the supervisor. Failure on the part of the Union or an employee to make a timely filing or appeal under this ARTICLE, except for good cause, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral constitute a settlement of the grievance to Step Three to discuss in accordance with the grievancerequested remedy. At this step of the grievance procedureHowever, each in no case shall such a settlement establish a precedent or be used in any way by any party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceany future proceeding.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, 1. A grievance shall be defined as a grievance is defined as: (a) A difference dispute or complaint arising between the parties relating to hereto under or out of this Agreement or the interpretation, application, administrationperformance, termination, or any alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimandbreach thereof, and adverse reports or performance evaluationshall be processed and disposed of in the following manner: Step 1. If Within a reasonable time (except as provided in Article 31 [Discharge and Penalties]), an employee has Employee having a grievance, grievance and/or his/her grievance Union delegate or other representative shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss the grievance take it up with his/her immediate supervisor supervisor. The Employer shall give its answer to the Employee and/or his/her Union delegate or department head other representative within seven five (75) calendar working days after the presentation of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employeein Step 1. Step 2. If the grievance is not settled at this step: Then within seven (7) calendar days of the in Step One meeting1, the grievance may, within five (5) working days after the answer in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the employee grievant and his/her Union representative, and presented to the grievant’s department head or his/her designee. A grievance so presented in Step 2 shall be answered by the Employer in writing within five (5) working days after its presentation. Step 3. If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the answer in Step 2, be presented in Step 3. A grievance at this step will be presented in writing to the Personnel Director or Administrator of the Employer, or his/her designee. A grievance meeting will be scheduled for a Shop mutually agreeable date and time during normal business hours promptly following the receipt by either party of a written request by the other for such grievance meeting as follows: (a) for disciplinary grievances involving discharges or suspensions within fifteen (15) working days; (b) for other grievances twenty-five (25) working days. If the parties cannot agree on a date and time for a grievance meeting within this period, then each side will offer in writing three (3) dates and times (during normal business hours) from which the other side will pick one. From the two (2) dates so selected one will be chosen by the parties on alternating grievances provided such date is not more than fifteen (15) working days or twenty-five (25) working days from the date of the request for a grievance meeting depending on the type of grievance. Notwithstanding the above, each side will be entitled to one (1) adjournment of this date by written request delivered to the other party before the scheduled date, in which event a new date will be scheduled within fifteen (15) or twenty-five (25) working days of the initial scheduled date depending on the type of grievance. Selection of an adjourned date shall be according to the same procedure used to schedule the original date. The Employer shall use its best efforts to render its written decision within five (5) days after the third step grievance meeting; in no event will its written decision be rendered more than ten (10) days following such meeting. Failure of either party to appear and fully present its case at the grievance meeting on the scheduled date and time or of the Employer to render its decision within the time limit set forth above shall result in a default by such party and the grievance shall be deemed granted by the Employer, or waived by the Union as the case may be, but solely with respect to the particular grievance (i.e., the deemed grant or waiver will not bind or be a precedent in other cases). In cases involving violence, theft, patient abuse, substance abuse on premises, or serious misconduct of equivalent level, the default may be cured within ten (10) days of default notification (i) by either party by appearance and full presentation of its case at a third step grievance meeting, or (ii) where the decision was not rendered timely, by the Employer rendering its decision. This paragraph shall not apply to a grievance arising from the issuance of disciplinary warnings where no other disciplinary action (e.g. termination or suspension, etc.) is involved. In the event that the number of grievance meetings requested is beyond the ability of the Employer to schedule within the prescribed time limits, the Union and the Employer shall attempt to resolve the problem by mutual agreement. Should they fail to reach agreement within five (5) working days, ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ or shall resolve the issue of determining if there is a bona fide overload and the procedure that should apply in such case. Failure on the part of the Employer to answer a grievance at any step shall not be deemed acquiescence thereto (except as provided above with respect to third step grievances), and the Union Committee member and shall be presented may proceed to the immediate supervisor or next step. All third step decisions will be mailed to the department head by a Shop Organizer and Area Director in care of the Union Headquarters (▇▇▇ ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇) and a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide copy given to the other delegate who handled the case. Anything to the contrary herein notwithstanding, a statement of facts and copies of all relevant documentsgrievance concerning a discharge or suspension may be presented initially at Step 3 in the first instance, within the time limit specified in this Article, paragraph 1. The findings or decisions Without waiving its statutory rights, a grievance on behalf of the Employer shall may be presented initially at Step 3 by notice in writing addressed to the Union in writing at its offices. 2. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays and holidays. 3. Any disposition of a grievance from which no appeal is taken within seven (7) calendar days of the meeting. If time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance is not settled at this step, either party may refer the grievance to and arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation provisions of this decisionAgreement. 4. The A grievance which affects a substantial number or class of Employees, and which the Employer agrees that their representatives representative designated in Steps 1 and 2 lacks authority to settle, may initially be presented at the Step 3 meeting have by the authority to resolve the grievanceUnion representative.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a 1. A grievance is defined as: (a) A difference arising between claimed by an employee or the parties relating to Association based upon the interpretation, application, administration, or alleged violation of this Agreement, policies or administrative decisions and practices directly affecting the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension working conditions of an employee bound by this agreementor a group of employees. 2. Disciplinary An “aggrieved person” is the person or persons of the Association making the claim. 3. The term “grievance” and the procedure relative thereto shall not be deemed applicable in the following instances: a) The failure or refusal of the Board to renew a contract of a non-tenure employee. b) In all such matters that are clearly subject to applicable law and beyond the scope of the Board’s authority and limited to action grievable by the employee shall include written censures, letters Board alone. B. A grievance must be filed within fifteen (15) working days of reprimand, and adverse reports its occurrence or performance evaluation. If an employee has a grievance, his/her such grievance shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence deemed to constitute abandonment of the grievance. C. Any employee shall have the right to present his grievance through the process described in the following steps. The supervisor will respond employee shall have the right to present the appeal or to designate representatives of the Association or another person to appear at any step in the appeal. D. No reprisals shall be taken, by either party, against any participants in a grievance. STEP 1. An employee or employee with a grievance shall file, in writing on the prescribed Grievance Form - Step 1, with the principal, either directly or through the Association, with the objective of resolving the matter. A decision on Grievance Decision Statement - Step 1 shall be rendered within three five (5) working days after the presentation of discussing the grievance with the employeegrievance. STEP 2. If the grievance is not settled at this step: Then within seven (7) calendar days resolved or a decision rendered to the satisfaction of the Step One meetingaggrieved person within five (5) working days after the presentation of the grievance, the aggrieved person may file the grievance with the Association within ten (10) working days after the grievance was presented in Step 1. Within five (5) working days after receiving the written grievance, the Association shall refer it to the Superintendent of Schools. The written grievance shall be reduced include: a) A copy of Grievance Form - Step 1 that was submitted to writingthe principal; b) A copy of Grievance Decision Statement - Step 1 received from the principal; c) A statement including basis of dissatisfaction with the decision rendered in Step 1. The Superintendent, signed by upon receipt of the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member grievance report, shall attempt to resolve the matter as quickly as possible and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee membermeet with all involved parties within ten (10) school days. The parties will meet Superintendent shall then have ten (10) working days to discuss render a decision after the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written replygrievance is presented. If the grievance Superintendent fails to act or renders a decision deemed unsatisfactory to the aggrieved person within the time limits stated in Step 2, the aggrieved person may appeal to the Board within five (5) working days. STEP 3. If the aggrieved person does not request a hearing, the Board may consider the appeal on the written record submitted to it, or the Board may, on its own conduct a hearing or it may request the submission of additional written material. A hearing shall be held, as expeditiously as possible, when the aggrieved person requests a hearing, in writing. STEP 4. If the aggrieved person is not settled satisfied with the decision at this stepStep 3, Then the aggrieved person shall have the right to request, in writing through the Association, non-binding arbitration within ten (10) calendar days of receiving the decision rendered in Step Two response, 3. E. Decisions rendered in all steps of this grievance procedure shall be in writing. F. The Board and the Union Committee or its delegate, Association shall notify share all costs for the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral services of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancearbitrator equally.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising 5.1 Any dispute between the parties relating to City and the Union or between the City and any employee covered by this Agreement concerning the interpretation, application, administrationclaim of breach, or alleged violation of the express terms of this Agreement including shall be deemed a grievance. An employee at any question as time may present a grievance to whether a matter the City and have such grievance adjusted without the intervention of the Union, if the adjustment is arbitrablenot inconsistent with the expressed terms of this Agreement and if the Union has been given notice of the grievance and reasonable opportunity to be present at any meeting called for the resolution of such grievance. Grievances regarding suspension, demotion, and termination must be filed at Step 3 of the grievance procedure. There shall be no change in the nature of any grievance after it is filed. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an 5.1.1 An employee has a grievance, his/her grievance shall be settled as follows: The employee, with the right to have an Union officer or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (present at the employee's option), shall first discuss each step of the grievance with his/her immediate supervisor or department head procedure. 5.2 A grievance shall be processed as follows: Step 1 - The grievance shall be submitted in writing to the Parking Enforcement Unit Commander within seven twenty (720) calendar business days of the occurrence alleged contract violation. The grievance shall include a description of the incident and the date it occurred. The parties agree to make every effort to settle the grievance at this stage promptly. The Unit Commander should consult and/or arrange a meeting with the employee’s supervisor or such other person as is necessary to resolve the grievance. The supervisor will respond within three working days of discussing Unit Commander shall answer the grievance in writing within ten (10) business days after being notified of the alleged grievance. Step 2 - If the grievance is not resolved as provided in Step 1, it shall be submitted in writing by the Union to the Bureau Chief with a copy to the City Director of Labor Relations within ten (10) business days after the receipt of the Step 1 answer. The Step 2 grievance shall state the section(s) of the Agreement allegedly violated, provide a detailed explanation of the grievance, and identify the remedy sought. With Mediation: At the time the aggrieved employee and/or the Union submits the grievance to the Bureau Chief, the Union or the aggrieved employee or the Bureau Chief may submit a written request for voluntary mediation assistance, with a copy to the Alternative Dispute Resolution (ADR) Coordinator, the City Director of Labor Relations and the Union. If the ADR Coordinator determines that the case is in line with the employeeprotocols and procedures of the ADR process, within fifteen (15) business days from receipt of the request for voluntary mediation assistance, the ADR Coordinator or his/her designee will schedule a mediation conference and make the necessary arrangements for the selection of a mediator(s). The mediator(s) will serve as an impartial third party who will encourage and facilitate a resolution to the dispute. The mediation conference(s) will be confidential and will include the parties. A Union Representative and a Labor Negotiator from City Labor Relations may attend the mediation conference(s). Other persons may attend with the permission of the mediator(s) and both parties. If the parties agree to settle the matter, the mediator(s) will assist in drafting a settlement agreement, which the parties shall sign. An executed copy of the settlement agreement shall be provided to the parties, with either a copy or a signed statement of the disposition of the grievance submitted to the City Director of Labor Relations and the Union. The relevant terms of the settlement agreement shall be provided by the parties to the department’s designated officials who need to assist in implementing the agreement. If the grievance is not settled at this step: Then within seven ten (710) calendar business days of the Step One meetinginitial mediation conference date, the grievance City Director of Labor Relations, the Bureau Chief and the Union shall be reduced to writing, signed so informed by the employee and ADR Coordinator. The parties to a mediation shall have no power through a settlement agreement to add to, subtract from, alter, change, or modify the terms of the collective bargaining agreement or to create a precedent regarding the interpretation of the collective bargaining agreement or to apply the settlement agreement to any circumstance beyond the explicit dispute applicable to said settlement agreement. If the grievance is not resolved through mediation, the Bureau Chief shall convene a meeting within ten (10) business days after receipt of the grievance between the aggrieved employee, Shop ▇▇▇▇▇▇▇ or and/or Union Committee member and shall be presented to the immediate supervisor or officer, together with the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee memberlabor relations officer. The parties will meet to discuss the grievanceCity Director of Labor Relations or his/her designee may attend said meeting. Within seven ten (710) calendar business days following after the meeting, the supervisor or the department head Bureau Chief shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company forward a reply in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceUnion.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For Grievances shall be processed in accordance with the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable following procedure: Grievances shall be presented in writing by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall to their first discuss the grievance with his/her immediate level supervisor or department head within seven (7) calendar days outside of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 bargaining unit within twenty-one (21) calendar days of the presentation date of this decisionthe alleged violation of the Agreement. The Employer agrees written grievance shall include the following information: A. A description of the grievance and how the employee(s) was/were adversely affected. B. A statement of the section(s) of the Agreement allegedly violated and the nature of the violation. C. The date of the incident(s) grieved. D. A description of the remedy sought by the employee(s). E. Identify the employees affected. F. Specification of the step at which the grievance procedure should begin (a) For a grievance that their representatives involves discipline imposed by the Chief, the grievance shall be initiated at Step 2. (b) For any other grievance, the grievance shall be initiated at Step 3 meeting have 1 The written grievance shall be signed by the employee. Step 1: The parties will use an interest based problem solving process to resolve the issues identified in the grievance. The process will include all individuals necessary and with authority to reach a resolution. Any resolution of the grievance will be in writing and signed by the parties. If the parties agree that they are unable to resolve the grievance, the parties will outline the areas of disagreement in a memorandum. The employee may advance the grievance to the next step by delivering the memorandum to the Office of the Chief at any time within twenty-one (21) calendar days of filing the grievance. If the grievance is not resolved in twenty-one (21) calendar days, the grievance will automatically advance to Step 2. Step 2: If the grievance remains unresolved following step 1, the Chief of Police may meet with the employee and their Guild Representative. The Chief shall make a decision on the grievance, in writing, within twenty-one

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For (a) The representatives for the purposes effective handling of grievances and disputes between the parties under this Agreement shall be: 1. The Union will be represented by properly designated shop stewards. Shop Stewards will be elected in accordance with Local Lodge By-laws or may be appointed by the District 142 General Chair. 2. The Union will be further represented by the General Chair who will deal with officials of the Company together or through an accredited representative of the Union. 3. The Company will be represented by an authorized representative who will be empowered to settle all local grievances not involving changes in Company policy or the intent and purpose of this Agreement. 4. The Union and the Company will, at all times, keep the other party advised through written notice of any change in authorized representatives. 5. The accredited representatives of the Union shall be permitted at any reasonable time to enter shops and facilities of the Company for the purpose of investigating grievances and disputes after contacting the Company official in charge and advising him of the purpose of the visit. 6. If discipline is issued by the Company, a grievance is defined as: (a) A difference arising between copy of the parties relating letter of discipline will be furnished to the interpretationemployee. 7. All covered employees will be entitled to have Union representation present prior to any discussions, applicationupon request, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrablethat may result in discipline. (b) For the presentation or adjustment of disputes or grievances that may arise, except those involving discipline to the extent of loss of pay or discharge, the procedure will be: 1. A complaint or grievance shall first be taken up orally between the aggrieved employee, ▇▇▇▇▇▇▇ and his immediate supervisor within five (5) calendar days after the occurrence of the event giving rise to the grievance or from the latest existence if it is continuing in nature. Employees absent thirty (30) calendar days or less due to illness, vacation or approved leave of absence shall be allowed to submit a complaint or grievance, based on an occurrence during their absence, within five (5) calendar days of their return to work. The dismissalsupervisor shall give his oral disposition to the employee and shop ▇▇▇▇▇▇▇ within five (5) calendar days, discipline unless an extension of time is mutually agreed upon. 2. If the oral decision rendered is not considered satisfactory in Step 1, the shop ▇▇▇▇▇▇▇ shall reduce the grievance to writing. The ▇▇▇▇▇▇▇ and grievant will sign and date the grievance and present it to the immediate supervisor within five (5) calendar days of the supervisor's oral disposition in step 1. The supervisor will give his written disposition within five (5) calendar days, unless an extension of time is mutually agreed upon in writing. 3. The District 142 General Chair or Representative, Grievant, Grievance Committee and the Director of Human Resources or another designee shall meet to discuss the grievance. In the event the grievance is not settled within ten (10) working days after such meeting the grievance may be taken to arbitration by either the Company or the Union upon written notice within a thirty (30) calendar day period. Failure to notify either party of their intent for arbitration within the thirty (30) day period will deem the grievance to be withdrawn. 4. All grievances and answers to grievances must be in writing to the appropriate parties at each step of the procedure (Excluding Oral Step). 5. Grievances involving discharge or suspension shall be initiated in Step two (2). 6. The Union or the Company may at any time during the grievance procedure take the dispute directly to arbitration upon notification to the other party as stated in step three (3). 7. Any grievance referred to arbitration under this Agreement will be in accordance with the FMCS rules and regulations. 8. The decision of an employee bound by this agreement. Disciplinary action grievable the arbitrator shall be final and binding upon the parties hereto and all fees and expenses of the arbitrator shall be borne equally by the parties. 9. The Arbitrator shall have no power of authority to add, subtract, alter, amend or modify any of the terms of this Agreement. 10. It is understood that the General Chair or his authorized representative may intervene and participate in the handling of a grievance at any level of the grievance procedure. (c) No employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has selected as a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days officer of the occurrence Union will be discriminated against for lawful activity on behalf of the grievance. Union. (d) The supervisor Union will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and insure a Shop shop ▇▇▇▇▇▇▇ or Union Committee member is available for all hearings and shall be presented investigations at no cost to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral when they are properly notified of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings hearing or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceinvestigation.

Appears in 1 contract

Sources: Labor Agreement

GRIEVANCE PROCEDURE. For A grievance is hereby defined as a dispute concerning the purposes meaning or application of this Agreement, . A grievance must be initiated within fifteen (15) working days that the employee knew or should have known of the events giving cause to the grievance. In the event of a grievance is involving discharge, the procedure shall start at Step 3. Working days shall be defined as: (a) A difference arising between the parties relating to the interpretationas a day other than a Saturday, application, administrationSunday, or alleged violation of Holiday provided by this Agreement. Grievances may be filed and processed through the Agreement including any question as to whether a matter is arbitrableprocedure outlined herein. (b) The dismissalStep 1. Prior to filing a formal written grievance, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has having a grievance, his/her grievance shall be settled as follows: The employee, must attempt to meet with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or human resources to attempt to mutually resolve the matter. The employee may choose to be accompanied by a Union Worksite Leader at this or any subsequent step in the grievance procedure. The employee’s supervisor shall verbally respond to the grievant and Work Site Leader no later than five (5) working days after the meeting. Step 2. If a satisfactory settlement is not reached in Step 1, the employee, Worksite Leader, or Union representative shall reduce the grievance to writing and present it within five (5) working days following the response in Step 1 to the employee’s department head. The department head shall respond in writing to the grievance within seven five (75) calendar working days. Step 3. If a satisfactory settlement is not reached in Step 2, the Worksite Leader, employee and/or Union representative shall present the written grievance to the Director of Nursing within five (5) working days following the response in Step 2 (or by the end of the occurrence seventh (7th) working day following the date upon which the employee is discharged). The Director of Nursing shall convene a meeting to include the employee, Worksite Leader and/or union representative, and such other persons as may be necessary to resolve the grievance, as soon as possible. The Director of Nursing shall provide a written decision within ten (10) working days following the meeting. In the event the grievance (as defined in Section 1) has been timely processed through the specified procedure and remains unsettled, the Union shall have the right at any time within fourteen (14) working days, following receipt of the grievanceHospital’s Third Step answer to file for arbitration. The supervisor will respond If notification of arbitration is not received by email, fax, or Certified Mail by the Hospital within three fourteen (14) working days of discussing following the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Hospital’s answer to Step One meeting3, the grievance shall be reduced to writingconsidered settled, signed by and the employee and the Union shall have no further recourse over that grievance. The Union shall send a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented request for arbitration to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven Wisconsin Employment Relations Commission within forty-five (745) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days receipt of receiving the Step Two response3 decision. The parties may mutually agree to use an alternative arbitrator or arbitration service. In the event the parties are proceeding with WERC, a panel of five (5) arbitrators will be requested and the grieving party shall have the first strike. The sole authority of the arbitrator is to render a decision as to the meaning or application of this written contract with respect to the dispute. Each arbitration proceeding shall be held at such place and at such time as shall be mutually agreed upon by the Hospital and the Union Committee or its delegateand if they cannot agree, then the arbitrator shall notify designate the Company in writing that place and time. At any time before the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral commencement of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this stephearing, either party may refer demand that the grievance proceedings be recorded by a court reporter, in which case the arbitrator shall make the arrangements to arbitration under Articles 7 or 8 secure the attendance of a court reporter to record all the testimony and all the proceedings. The reporter shall transcribe the notes of the hearings within twenty-one (21) 20 calendar days from the completion of the presentation hearing, and a copy of this decisionthe transcript shall be furnished to the arbitrator and the cost will be shared equally by the parties. The Employer agrees that their representatives at cost for other copies of the Step 3 meeting transcript will be borne by the party requesting the transcript. All witnesses shall be duly sworn. The arbitrator shall have the power to compel the attendance of witnesses and to require either party to produce records or documents which are pertinent to dispute. The expense of the arbitrator shall be borne equally by both parties. The arbitrator shall render his/her decision, which shall be final and binding upon all parties, within 45 calendar days following the arbitration hearing. The arbitrator will have no authority to resolve legislate or change or modify or add to the grievanceagreement. Any matter beyond the authority of the arbitrator will be returned without decision or action. All grievances will be handled solely in accordance with the Grievance Procedure. Any time limit set forth in this Article shall be strictly construed, unless modified or extended by written agreement between the parties. However, unless thus modified or extended, failure to observe the time limits set forth at any stage of the Grievance Procedure will cause the grievances to be deemed satisfactorily adjusted in the status existing in the last prior stage.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For Section 1. Should any employee or group of employees feel aggrieved concerning his or their wages, hours, or conditions of employment, which wages, hours and conditions are controlled by this contract, or which are provided for in any Statute, Charter Provision, Ordinance, Rule, Regulation, or Policy which is not in conflict with this contract, or concerning any matter or condition arising out of the purposes employee-employer relationship, including any claim of this Agreementunjust discrimination or any matter or condition affecting his or their health and safety, a grievance is defined asadjustment shall be sought as follows: (a) A difference arising between Step 1. If in the parties relating judgment of the Grievance Committee of the Union said grievance has merit, the Union shall submit such grievance in writing to the interpretation, application, administration, or alleged violation Chief of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissalFire Department, discipline or suspension setting forth the nature of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member within twenty (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (720) calendar days of the occurrence date that the employee or the Union knew or reasonably should have known of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced event or action giving rise to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days after said Chief receives such grievance, he shall arrange to and shall meet with the representatives of receiving the Union, for the purpose of adjusting or resolving such grievance. B. Step Two response2. If such grievance is not resolved to the satisfaction of the Union by the Chief within five (5) days after such a meeting, the Union Committee or its delegate, shall notify the Company in writing that the may present such grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days thereafter to the Mayor. Within seven (7) days after said Mayor receives such a grievance, he or his designee shall arrange to and meet with the representatives of the meetingUnion for the purpose of adjusting or resolving such grievance. C. Step 3. If the such grievance is not settled at this stepresolved to the satisfaction of the Union by the Mayor or his designee within seven (7) days after such meeting, either party may refer the Union may, no later than ten (10) days thereafter, submit such dispute to arbitration by the Connecticut State Board of Mediation and Arbitration. Said Arbitration Board shall hear the dispute in accordance with its rules and render a decision which shall be final and binding on all parties. Nothing contained herein shall prevent any employee from representing himself in the first and second step of the grievance procedure. The Union shall be the exclusive representative for filing for arbitration. Section 2. Failure to arbitration process a grievance within the time limits established under Articles 7 or 8 within twenty-one (21) calendar days Section 1 of this Article, conclusively presumes that it has been satisfactorily resolved at the last step to which it had been properly processed. Failure on the part of the presentation City's representative to act on a grievance within the time limits, established under Section 1 of this decisionthe Article, conclusively presumes that such grievance is sustained and that the satisfaction requested will be provided. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceabove set-forth time limits may be extended by either party, and such time limits may be further extended by agreement of both parties.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: Step 1: The employee, with or without a Shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee's ’s option), shall first discuss the grievance matter with his/her immediate supervisor or department head within seven (7) calendar days after the date on which he/she become aware of the occurrence of action or circumstances giving rise to the grievance. The supervisor will respond within three working as soon as practical, but no later than seven (7) calendar days of after discussing the grievance with the employeegrievance. If the grievance is not settled at this step: Then , then within seven (7) calendar days of the to bring it forward to step two; Step One meeting, the 2: The grievance shall be reduced to writingwriting by: (1) Recording the grievance on the appropriate form, setting out the nature of the grievance and the circumstances from which it arose: (2) Stating the article or articles of the Agreement infringed upon or alleged to have been violated and the remedy or correction required: (3) The grievance shall be signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member member. (4) The Employer shall acknowledge receipt of the written grievance by signing and shall be presented to dating the immediate supervisor or grievance form at the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss time the grievance. grievance is presented: and (5) Within seven (7) calendar days following of receipt of the meetingwritten grievance, the supervisor Employer or the department head shall give his/her written reply. If the grievance is not settled at this step, Then then within ten seven (107) calendar days of receiving either part may refer the grievance to step 3. Step Two response3: Following this referral, the Union Committee or its delegate, and the Employer committees shall notify the Company in writing that meet to discuss the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievanceor other mutually agreeable time. At this step of the grievance procedure, procedure each party shall provide to the other with a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to and the Union in writing within seven (7) calendar days of agree that their representatives at the meetingmeeting have the authority to resolve the grievance. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 Arbitration within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancedays.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. For the purposes Any complaint, disagreement, or difference of this Agreement, a grievance is defined as: (a) A difference arising opinion between the parties relating to Employer and the interpretationUnion or the employees covered by the Agreement which concerns the interpretations, application, administration, operation or alleged violation of the Agreement including any question terms and provisions of this Agreement, shall be considered as a grievance. Any employee, the Union or the Employer may present a grievance. Any grievance which is not presented within fourteen (14) days following the event giving rise to whether such grievance (except by errors in respect to the employee's compensation which must be presented in writing within fourteen (14) days of the employee becoming aware of the event giving rise to such grievance), or within ten (10) days of the last day worked in the case of a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound shall be forfeited and waived by this agreementthe aggrieved party. Disciplinary action grievable All grievances, except those submitted by the employee to immediate superior or to the Union, shall include written censuresbe submitted in writing and shall set forth clearly the issues and contentions of the aggrieved party; the Employer shall then reply, letters in writing, to the Union's letter, setting forth his answer to the points raised by the Union in its grievance. The procedure for adjustment of reprimand, grievances and adverse reports or performance evaluation. If disputes by an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without 1st Step: by a discussion between the employee and the Shop ▇▇▇▇▇▇▇ or Union Committee member (at and the employee's option)immediate superior and/or Store Manager. If a satisfactory settlement cannot be reached within five (5) days, shall first discuss then within ten (10) days. 2nd Step: the grievance with his/her immediate supervisor or department head within seven (7) calendar days of Union may take up the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance matter with the employeeEmployer's official designated to handle labour relations' matters. If the grievance is a satisfactory settlement cannot settled at this step: Then be reached within seven fourteen (714) calendar days of the Step One meetingdays, the matter may then be referred to Arbitration, as per Article It is agreed that, under unusual circumstances, an employee may take alleged grievance shall be reduced directly to writing, signed by the Union. When an employee's work performance is such that it may lead to discipline or discharge and is the subject of discussion between the employee and a Shop the Employer, the Union ▇▇▇▇▇▇▇ shall be present. Arbitration shall involve either a Board of Arbitration, or Union Committee member a single arbitrator mutually acceptable to both parties. In the event the parties cannot agree to a single arbitrator, then the Board of Arbitration shall be composed of three (3) members and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance.established as follows:

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. For 1. Any grievance by an employee as to the purposes meaning or application of any term or of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as followsprovided below. Step 1: An employee may present a grievance to their supervisor, in writing, not later than fifteen (15) working days after the grievable event, or of the employee learning of the grievable event. The supervisor shall give a written response to the grievance within ten (10) working days after it is received at this step. The response will explain the reason(s) for the response given. While employees are on assigned work time grievances shall not be solicited. If not resolved, the Union may advance the grievance to Step 2 of the grievance procedure by submitting the grievance, in writing, to the Operations Director no later than fifteen (15) working days after its receipt of the Supervisor’s Step 1 response. Step 2: The employeeOperations Director, with or without his/her designated representative, and up to three (3) other Company officials of his/her choosing, the President of the Local Union, or in his/her absence, a Shop designee, the Chief ▇▇▇▇▇▇▇ or ▇, a Representative of the International, if requested by the Union, and such other persons as the Company and the Union Committee member (at the employee's option)mutually determine are necessary, shall first meet to review and discuss the pending grievance not later than fourteen (14) working days after the Union advances the grievance to this step. Within 15 working days after the conclusion of this discussion, the Company shall notify the Union in writing of its decision on the grievance. 2. In the event of failure of either party to comply with his/her immediate supervisor or department head within seven (7) calendar days any of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meetingtime limitations herein provided, unless mutually extended, the grievance shall be reduced deemed to writinghave been withdrawn or affirmatively accepted or approved, signed by as the employee and case may be. 3. No Employee with respect to whom a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall grievance is pending will be presented summoned to the immediate supervisor or office of any representative of the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss Company for the purpose of discussing the grievance. Within seven (7) calendar days following the meeting, the supervisor wages, hours or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days other conditions of receiving the Step Two response, employment unless a representative of the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled present at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancesuch discussion.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For 1. At all times during the purposes of this Agreementgrievance procedure, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports be entitled to have a Union representative appear with him or performance evaluationher. 2. If an employee has a grievance, his/her A grievance shall be settled as follows: The employeesubmitted in writing citing the contract clause, with agreement or without a Shop ▇▇▇▇▇▇▇ or Union Committee member work rule which has been violated within fourteen (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (714) calendar days from when the employee becomes aware of the occurrence of alleged violation. This grievance must be signed for by the grievanceEmployer official in charge and a copy returned to the grievant and the Union. 3. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop ▇▇▇▇▇▇▇ or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written replyanswer to the grievance within fourteen (14) calendar days from the receipt of the grievance. Upon receipt of a written grievance, the Employer may, in its sole discretion, settle the grievance immediately. 4. If the grievance is not settled at this stepdenied, Then within ten the grievant has fourteen (1014) calendar days of receiving to request a hearing in person. A hearing will be scheduled by the Step Two response, Employer and the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one thirty (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (730) calendar days of the meetingemployee’s request for a hearing. The Employer will issue a written decision within fourteen (14) days following the hearing. A hearing date, once set, will only be changed in the case of an emergency or by mutual agreement. 5. If the grievance is not settled at this stepdenied, either party may refer the grievance grievant has fourteen (14) calendar days to arbitration under Articles 7 request a hearing in person with the Labor Relations Director (or 8 designee). A hearing will be scheduled by the Employer and the Union within twenty-one thirty (2130) calendar days of the presentation employee’s request for a hearing. A hearing date, once set, will only be changed in case of this decisionan emergency or by mutual agreement. 6. The Labor Relations Director (or designee) shall give his/her decision, in writing, no more than fourteen (14) calendar days after the hearing. The answer shall be final and binding on the employee, the Union and the Employer agrees that their representatives unless it is timely appealed to arbitration. 7. If the grievance has not been satisfactorily resolved, the grievant may go to arbitration under Article 9 and must appeal the matter to arbitration pursuant to Article 9 below within forty (40) calendar days. 8. All decisions must be in writing and copies of all decisions must be sent to the Union Office, to at least one Union Representative and to the Step 3 meeting have Grievant. 9. Failure to be timely by either party advances the authority grievance to resolve the grievancenext step in the procedure; however, initial grievances and notices of intent to arbitrate must be filed within the specified time frames to be valid. 10. All rights to a grievance filed by the Union or a bargaining unit employee belong to the Union.

Appears in 1 contract

Sources: Collective Bargaining Agreement