Grievance Procedures. A. For purposes of this Article, a grievance shall be determined as a dispute between a bargaining unit member and/or the Federation and the Board over the interpretation or application of, the terms of this negotiated agreement. Grievances shall be processed through the procedure outlined below. B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, within seven (7) working days of the date on which the food service employee could reasonably have known of the occurrence of the event giving rise to the alleged grievance. C. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director or designee or the Federation. D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted. STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance form. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation. STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation. A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and binding. B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur. C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible. D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose. E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement. F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants. G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Procedures. A. For purposes It is the mutual desire of the parties hereto that complaints and griev- ances of employees, the Union and the Commission shall be adjusted as quickly as possible, and the following procedures shall apply to all such complaints or grievances. Any difference concerning the interpretation, application, administra- tion or alleged violation of the provisions of this Article, Agreement shall be a proper matter for the Grievance Procedure outlined below. It is understood that a complaint does not become a grievance until the employee has first given the supervisory force an opportunity to adjust the complaint.
Step 1. If any one or more employees (herein referred to as the Grievor) shall be determined as have a dispute between a bargaining unit member and/or grievance against the Federation and the Board over the interpretation or application ofCommission, the terms of this negotiated agreement. Grievances shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representativeGrievor may, within seven (7) working 16 calendar days after the Grievor has become aware of the date on which the food service employee could reasonably have known of the occurrence of the event facts giving rise to the alleged grievancecomplaint have arisen, submit the complaint, orally, to the immediate Foreperson, Supervisor or Superintendent. The Grievor may at any time be accompanied or represented by a Union Representative and the parties shall attempt to resolve the matter.
C. IfStep 2. If the matter cannot be resolved at Step 1, or if a solution satisfactory to the Grievor is not reached within 12 calendar days following such submission, then the Union may submit the complaint as a result grievance, in writing or orally, to the Department Head of the informal discussion with Department in which the immediate supervisor, an alleged grievance still exists, Grievor works or the following formal grievance procedure may, at designated representative of such Department Head. At this step either party may require the option attendance of the grievantGrievor, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed provided that any statements made by the grievant and a representative of Grievor or the Federation, which form Commission representatives shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items presumed to have been made without preju- dice and may not be placed in an employee’s official personnel file unless the item has been made known referred to at Arbitration. The Department Head or designated representative shall reply to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhaustedwithin 12 calendar days of submission thereof.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance formStep 3. If the grievance involves more than one school buildingreply from the General Superintendent or designated represen- tative is unsatisfactory to the Union, it may be filed with the Superintendent/designee. Within seven (7) working Union may, within 12 calen- dar days of from the receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative reply in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievanceStep 2, or if no disposition has been made reply is received, within 12 calendar days from the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limitperiod limited for such reply, submit an appeal in writing to the Executive Director - Human Resources or designated representative. Within seven The Deputy General Manager(s) in the Operations Branch will con- duct the Appeal for Operations Branch employees (7including Wheel Trans) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance reply in writing within seven (7) working days 12 calendar days. Should either Deputy General Manager not be available, the Executive ▇▇- ▇▇▇▇▇▇ - Human Resources or designated representative shall conduct the grievance. All other grievances shall be dealt by the Executive Director - Hu- man Resources or designated representative in accordance with the above provisions. At this hearing, either party may require the attendance of the Grievor, provided that any statements made by the Grievor or the Commission representatives shall be presumed to have been made without prejudice and may not be referred to at Arbitration. If such a meeting and shall furnish a copy thereof reply is not satisfactory to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designeeUnion, or if no disposition has been made reply is re- ceived, either party may, within five (5) calendar days, submit the specified time limitmatter to Grievance Mediation, the grievance may be submitted by the Federationor may, to arbitration before an impartial arbitrator within thirty (30) working days of calendar days, submit the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree matter to Arbitration as to the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and bindinghereinafter provided.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Procedures. A. 9.01 For purposes the purpose of this ArticleAgreement, a grievance shall be determined is defined as a dispute between a bargaining unit member and/or arising out of the Federation and the Board over the interpretation interpretation, application, administration or application of, the terms alleged violation of this negotiated agreement. Grievances Agreement, and shall be processed through dealt with in accordance with the procedure outlined below.following grievance procedure:
B. In the event that Step 1 An employee who has a food service employee believes there is a basis for a grievance, he/she grievance shall first discuss promptly the alleged grievance with the present same verbally to his immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, within seven ten (710) working days of the date on occurrence which the food service employee could reasonably have known of the occurrence of the event giving has given rise to the alleged grievance. He may do this with or without his Union ▇▇▇▇▇▇▇.
C. If, as a result of Step 2 If the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation is not satisfactorily settled within seven three (73) working days of the informal discussiondays, on the form set forth in annexed Appendix Aa written grievance, signed by the grievant and a representative of employee describing the Federationspecific problem, which form shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in presented to his immediate supervisor within an employee’s official personnel file unless the item has been made known additional three (3) working days. The immediate supervisor will render his decision to the employee, pursuant to the methodology described Grievor in Florida Statute 231.291 writing within two (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance form. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (72) working days of receipt of the written grievance, .
Step 3 If the decision of the immediate supervisor shall meet with is not satisfactory the grievant and/or ▇▇▇▇▇▇▇ and the Federation representative Grievor shall, within three (3) working days of receipt of the decision in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of Step 2, refer the grievance in writing within seven stipulating the Article(s) of the following Collective Agreement which is (7are) working days after such meetingclaimed to have been violated, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limitDepartment Manager. Within seven (7) working days, the Superintendent/designee shall The Department Manager will meet with the grievant and/or Federation representative ▇▇▇▇▇▇▇ and shall indicate the disposition of Grievor to discuss the grievance and will render his decision in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator ▇▇▇▇▇▇▇ within five (5) working days from after receipt of the notification date that arbitration grievance.
Step 4 If the decision of the Department Manager is not satisfactory, the Union Grievance Committee shall, within four (4) working days of receipt of the decision of the Department Manager, refer the grievance in writing to the President. The President will meet with the Union Grievance Committee and Grievor(s) to discuss the grievance, and will render his decision in writing to the Grievance Committee within ten (10) working days after receipt of the grievance.
9.02 A grievance arising directly between the Company and the Union involving the interpretation or alleged violation of this Agreement may be submitted in writing by either party within thirty (30) calendar days of the incident giving rise to the grievance. In the case of a Union grievance procedure shall commence with Step 4. In the case of a Company grievance the matter will be pursuedsubmitted to the Union and, failing settlement within five (5) working days thereafter, may be referred to arbitration as hereinafter provided. It is expressly understood that the provision of Clause 9.02 may not be used to institute a complaint or grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular grievance procedure shall not hereby be by-passed.
9.03 Failing satisfactory settlement of the grievance, after the grievance has been carried through all the applicable steps of the grievance procedure, the arbitrator shall grievance may then be selected from a list submitted to arbitration by either party provided that it is submitted within thirty (30) calendar days following the Federal Mediation final step in the grievance procedure and Conciliation Service and/or in accordance with the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms provision of Article 10 of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and binding.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. 9.04 The time limits provided set out in the above sections and in Article 11 of the Agreement are mandatory and shall be strictly observedobserved by the parties to this Agreement provided, but however, that the parties may be extended by written agreement of the parties. In the event a grievance is filed after May 15 mutually agree in writing in respect to an extension or waiver of any year and strict adherence to of the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a imposed. Any grievance prior to the end of the school term not filed or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, processed within the time limits without mutual agreement in writing to an extension or waiver shall be extended considered to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss disposed of pay or accumulated leave, for that purposewithdrawn.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Grievance Procedures. A. For purposes It is the mutual desire of the parties hereto that complaints and grievances of employees, the Union and the Commission shall be adjusted as quickly as possible, and the following procedures shall apply to all such complaints or grievances. Any difference concerning the interpretation, application, administration or alleged violation of the provisions of this Article, Agreement shall be a proper matter for the Grievance Procedure outlined below. It is understood that a complaint does not become a grievance until the employee has first given the supervisory force an opportunity to adjust the complaint.
Step 1. If any one or more employees (herein referred to as the Grievor) shall be determined as have a dispute between a bargaining unit member and/or grievance against the Federation and the Board over the interpretation or application ofCommission, the terms of this negotiated agreement. Grievances shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representativeGrievor may, within seven (7) working 16 calendar days after the Grievor has become aware of the date on which the food service employee could reasonably have known of the occurrence of the event facts giving rise to the alleged grievancecomplaint have arisen, submit the complaint, orally, to the immediate Foreperson, Supervisor or Manager. The Grievor may at any time be accompanied or represented by a Union Representative and the parties shall attempt to resolve the matter.
C. IfStep 2. If the matter cannot be resolved at Step 1, or if a solution satisfactory to the Grievor is not reached within 12 calendar days following such submission, then the Union may submit the complaint as a result grievance, in writing or orally, to the Department Head of the informal discussion with Department in which the immediate supervisor, an alleged grievance still exists, Grievor works or the following formal grievance procedure may, at designated representative of such Department Head. At this step either party may require the option attendance of the grievantGrievor, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed provided that any statements made by the grievant and a representative of Grievor or the Federation, which form Commission representatives shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items presumed to have been made without prejudice and may not be placed in an employee’s official personnel file unless the item has been made known referred to at Arbitration. The Department Head or designated representative shall reply to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhaustedwithin 12 calendar days of submission thereof.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance formStep 3. If the grievance involves more than one school buildingreply from the Department or designated representative is unsatisfactory to the Union, it may be filed with the Superintendent/designee. Within seven (7) working Union may, within 12 calendar days of from the receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative reply in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievanceStep 2, or if no disposition has been made reply is received, within 12 calendar days from the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limitperiod limited for such reply, submit an appeal in writing to the Head - Human Resources or designated representative. Within seven The Designate in the Operations Group/Service Delivery Group will conduct the Appeal for employees (7including Wheel Trans) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance reply in writing within seven (7) working days 12 calendar days. Should either Designate not be available, the Head - Human Resources or designated representative shall conduct the grievance. All other grievances shall be dealt with by the Head - Human Resources or designated representative in accordance with the above provisions. At this hearing, either party may require the attendance of the Grievor, provided that any statements made by the Grievor or the Commission representatives shall be presumed to have been made without prejudice and may not be referred to at Arbitration. If such a meeting and shall furnish a copy thereof reply is not satisfactory to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designeeUnion, or if no disposition has been made reply is received, either party may, within five (5) calendar days, submit the specified time limitmatter to Grievance Mediation, the grievance may be submitted by the Federationor may, to arbitration before an impartial arbitrator within thirty (30) working days of calendar days, submit the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree matter to Arbitration as to the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and bindinghereinafter provided.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Procedures. A. For purposes It is the expressed desire of this Articlethe parties hereto that any complaint of a Flight Crew Member, a grievance the Association, or the Company shall be determined resolved as quickly as possible. If a dispute between Flight Crew Member has a bargaining unit member and/or formal complaint, he may discuss the Federation matter with the Chief Pilot and at this time he may be accompanied by an Association Representative if he so elects, or the Board over Association Representative may take the interpretation or application ofmatter up on his behalf. any such complaint is not settled to the satisfaction of the patties within ten calendar days, the terms following steps of this negotiated agreement. Grievances the Grievance Procedure may be invoked: Step One: The Flight Crew Member shall be processed through present the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, in writing within seven thirty (730) working calendar days of the date on which occurrence giving rise to the food service employee could reasonably have known grievance, to the Chief Pilot who shall give his decision in writing within ten calendar days; If no settlement is reached in Step One, the Association Representative and if required, and a representative of management will meet to discuss the grievance. the grievance is not then settled within ten calendar days, then at the request of either party to this Agreement, the grievance may be referred to arbitration within thirty (30) calendar days. The Association may file a policy grievance at Step Two of the Grievance Procedure. An Association policy grievance is defined as an alleged violation of this Agreement concerning all or a substantial number of the Flight Crew Members in the bargaining unit. Any grievance instituted by management may be referred in writing to an Association Representative within ten full calendar days of the occurrence of the event circumstances giving rise to the alleged grievance.
C. , and the Association Representative shall meet within ten 0) calendar days thereafter with management to consider the grievance. If final settlement of the grievance is not completed within ten calendar days of such meeting, the grievance may be referred, by either party, to a sole arbitrator as provided in at any time within thirty (30) calendar days thereafter, but not later. At any hearing throughout these procedures, the shall have the right to be represented by the Association. The and the Company shall be given every opportunity to present evidence, either oral or documentary, make representations, and call witnesses. Throughout these procedures, the may, together with his review any information contained in his personal or any document that the Company may introduce at any step of the grievance procedure. On request, the Company shall provide the and the Association with two (2) copies each of all such documents. At any hearing held throughout the grievance procedure, all witnesses and representatives who are employees of the Company shall be given time off and transportation so as to attend the hearing. A Crew Member will not be sanctioned for having filed a grievance. If, as a result of the informal discussion with the immediate supervisor, an alleged any hearing or grievance still existsas provided herein, the following formal grievance procedure maydecision is to exonerate the Flight Crew Member, at the option personal record of the grievant, Flight Crew Member shall be invoked through the Federation within seven (7) working days cleared of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant charges and a representative of the Federation, which form all reference thereto shall be available removed from the Food & Nutrition Services Director or designee or the Federationall files.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance form. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and binding.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Procedures. A. 20.1 For purposes the purpose of this ArticleAgreement, a grievance shall be determined is defined as a dispute between about the meaning or interpretation of a bargaining unit member and/or the Federation and the Board over the interpretation or application of, the terms particular clause of this negotiated agreement. Grievances Agreement, or an alleged violation of this Agreement, or of the laws governing the relationship between the City and employee or unlawful supervisorial action which reasonably could be interpreted to endanger the job of an employee or the benefits arising there from.
20.2 Any dispute which arises between the parties during the term of this Agreement shall be processed through handled as follows:
STEP 1 The ▇▇▇▇▇▇▇ shall, on behalf of the procedure outlined below.
B. In aggrieved party, present the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly grievance in writing to the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, Superintendent within seven ten (710) working days of its occurrence, not including the date on day of occurrence or the day upon which the food service employee could reasonably have known became aware of the occurrence of the event giving rise to the alleged grievance.
C. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form occurrence. The dispute shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance form. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance discussed by the Superintendent/designee, or if no disposition has been made within ▇▇▇▇▇▇▇, and the specified time limit, the grievance may be submitted by the Federation, Employee. The Superintendent shall make every effort to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator reach a satisfactory conclusion within five (5) working days.
STEP 2 If no agreement is reached at Step 1, the employee, groups of employees, or Shop ▇▇▇▇▇▇▇ shall present their grievance, in writing, to the Director within ten (10) working days of the response to Step 1. This grievance is to be signed by the grievant. Copies of the written grievance shall also be submitted to the City Manager and the Union Business Manager setting forth:
(a) the nature of the grievance and the circumstances from which it arose,
(b) remedy or correction the City or Union requested to make, and
(c) the Section or Sections of the Agreement, if any, relied upon or claimed to have been violated. The City and the Union shall endeavor wherever practicable to settle any grievance at this point, such “Settlement Agreement” to be signed by both parties and copies thereof to be furnished to the City Manager and the Union Business Manager. If, however, the employee and the Director do not settle such grievance directly within ten (10) working days after its presentation by the employee, then steps hereafter shall apply. Time frames herein may be extended by mutual agreement.
STEP 3 If no agreement is reached as provided in Step 2, the Union Business Manager or his authorized representative shall submit the grievance, in writing, to the City’s authorized representative or representatives within ten (10) working days from the notification date that arbitration will response at Step 2. The Union and the City shall meet to consider the grievance and may call and present witnesses to testify at such meeting and each shall pay all costs of the appearance of any witnesses so called by it. The time frames herein may be pursuedextended by mutual agreement.
20.3 If no agreement is reached through the process outlined in Step 3, an arbitrator may be selected at the request of either party to arbitrate the particular grievance. The arbitrator shall be selected jointly by the City and the Union and is to be chosen from a list submitted of five (5) arbitrators residing in Oregon supplied by either the Public Employee Relations Board, State of Oregon, or the Office of the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rulesService, which rules shall likewise govern the arbitration proceedingsby lot or mutual agreement. The City and the Union shall each alternatively strike from this list, one (1) name at a time, until only one (1) name remains on the list.
20.4 During the process of the grievance procedure, there shall be no strike or lockout. The arbitrator shall interpret this Agreement, determine if it has been violated, and determine awards, restitution, and corrective action. The arbitrator shall pass on the admissibility of the evidence. Each of the parties hereto shall provide all books, records, documents, or any other material which, in the opinion of the arbitrator, is relevant to the issue in dispute. The arbitrator’s decision shall be final and binding on both parties, but the arbitrator shall have no power to alter, modify, amend, add to, to or subtract detract from the terms of this Agreement. The Superintendent/designee and Neither party to the Federation dispute shall not be permitted seek judicial review. Should either party fail to assert in such arbitration proceedings any ground promptly proceed with the steps of this grievance procedure or rely on any evidence not previously disclosed. Both parties agree that fail or refuse to abide by the award of the arbitrator shall be final and binding.
B. If the arbitrator sustains the position of the grievant, the fees and expenses decision of the arbitrator, including AAA filing fees, the other party shall be paid by the Boardfree to take whatever action it deems necessary. However, if The fee of the arbitrator sustains the Board's position, all fees and his incidental expenses shall be paid borne equally by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses costs of presenting its own case to incurand in arbitration.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Procedures. A. For purposes of this Article, All grievances shall be processed in the following manner:
(a) Step 1. An employee who has a grievance shall be determined as a dispute between a bargaining unit member and/or discuss the Federation and the Board over the interpretation or application of, the terms of this negotiated agreement. Grievances shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance matter with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, their Immediate Supervisor within seven five (75) working days of after the date on event which caused the food service grievance or within five (5) working days after the employee could reasonably have known of the occurrence learned of the event giving rise to upon which the alleged grievance.
C. If, as a result of grievance is based. If requested by the informal discussion with the immediate supervisor, an alleged grievance still existsemployee, the following formal grievance procedure may, at Union ▇▇▇▇▇▇▇ may be present. The Immediate Supervisor shall inform the option employee of the grievant, be invoked through the Federation their decision in writing within seven five (75) working days following the discussion of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director or designee or the Federationmatter.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1b) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance formStep 2. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limitsatisfactorily resolved at Step 1, the grievance shall be submitted submitted, in writing, to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator Health Officer within five (5) working days from date of receipt of the notification date that arbitration will last reply, or within ten (10) working days following the Step 1 discussion, whichever is earlier. The written grievance shall name the employee(s) involved, state the facts giving rise to the grievance, identify the contract Section(s) alleged to have been violated, identify the basis of the grievance, indicate the relief requested, and be pursuedsigned by the Union ▇▇▇▇▇▇▇ for the work location involved, and the affected employee(s), if available. There shall be a meeting with the Union ▇▇▇▇▇▇▇, the arbitrator grievant and the Health Officer within ten (10) working days following receipt of the written grievance by the Health Officer. The Health Officer shall reply in writing to the grievant within five (5) working days following the meeting.
(c) Step 3. If the grievance is not satisfactorily resolved at Step 2, it shall be selected from a list reduced to writing and submitted by the Federal Mediation and Conciliation Service and/or Union ▇▇▇▇▇▇▇ to the American Arbitration Association in accord with its rules, which rules shall likewise govern County Administrator/Controller or designated representative within five (5) working days following the arbitration proceedingsHealth Officer’s answer at Step 2. The arbitrator written grievance shall have no power name the employee(s) involved, state the facts giving rise to alterthe grievance, add toidentify the contract Section(s) violated, or subtract from identify the terms basis of this Agreementthe grievance, indicate the relief requested, and be signed by the Union ▇▇▇▇▇▇▇ and affected employee(s). The SuperintendentCounty Administrator/designee Controller or designated representative and the Federation Union Representative, Chief ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ and aggrieved employee(s) shall not be permitted meet to assert in such arbitration proceedings any ground discuss the grievance within fourteen (14) working days following receipt by the County Administrator/Controller or rely on any evidence not previously disclosed. Both parties agree that the award designated representative of the arbitrator grievance. The employer shall be final and binding.
B. If give a written answer to the arbitrator sustains the position Union within twenty (20) working days of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incurmeeting.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Procedures. A. For purposes It is the mutual desire of the parties hereto that complaints and grievances of employees, the Union and the Commission shall be adjusted as quickly as possible, and the following procedures shall apply to all such complaints or grievances. Any difference concerning the interpretation, application, administration or alleged violation of the provisions of this Article, Agreement shall be a proper matter for the Grievance Procedure outlined below. It is understood that a complaint does not become a grievance until the employee has first given the supervisory force an opportunity to adjust the complaint.
Step 1. If any one or more employees (herein referred to as the Grievor) shall be determined as have a dispute between a bargaining unit member and/or grievance against the Federation and the Board over the interpretation or application ofCommission, the terms of this negotiated agreement. Grievances shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representativeGrievor may, within seven (7) working 16 calendar days after the Grievor has become aware of the date on which the food service employee could reasonably have known of the occurrence of the event facts giving rise to the alleged grievancecomplaint have arisen, submit the complaint, orally, to the immediate Foreperson, Supervisor or Superintendent. The Grievor may at any time be accompanied or represented by a Union Representative and the parties shall attempt to resolve the matter.
C. IfStep 2. If the matter cannot be resolved at Step 1, or if a solution satisfactory to the Grievor is not reached within 12 calendar days following such submission, then the Union may submit the complaint as a result grievance, in writing or orally, to the Department Head of the informal discussion with Department in which the immediate supervisor, an alleged grievance still exists, Grievor works or the following formal grievance procedure may, at designated representative of such Department Head. At this step either party may require the option attendance of the grievantGrievor, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed provided that any statements made by the grievant and a representative of Grievor or the Federation, which form Commission representatives shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items presumed to have been made without prejudice and may not be placed in an employee’s official personnel file unless the item has been made known referred to at Arbitration. The Department Head or designated representative shall reply to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhaustedwithin 12 calendar days of submission thereof.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance formStep 3. If the grievance involves more than one school buildingreply from the General Superintendent or designated representative is unsatisfactory to the Union, it may be filed with the Superintendent/designee. Within seven (7) working Union may, within 12 calendar days of from the receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative reply in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievanceStep 2, or if no disposition has been made reply is received, within 12 calendar days from the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limitperiod limited for such reply, submit an appeal in writing to the Executive Director - Human Resources or designated representative. Within seven The Deputy General Manager(s) in the Operations Branch will conduct the Appeal for Operations Branch employees (7including Wheel Trans) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance reply in writing within seven (7) working days 12 calendar days. Should either Deputy General Manager not be available, the Executive Director - Human Resources or designated representative shall conduct the grievance. All other grievances shall be dealt by the Executive Director - Human Resources or designated representative in accordance with the above provisions. At this hearing, either party may require the attendance of the Grievor, provided that any statements made by the Grievor or the Commission representatives shall be presumed to have been made without prejudice and may not be referred to at Arbitration. If such a meeting and shall furnish a copy thereof reply is not satisfactory to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designeeUnion, or if no disposition has been made reply is received, either party may, within five (5) calendar days, submit the specified time limitmatter to Grievance Mediation, the grievance may be submitted by the Federationor may, to arbitration before an impartial arbitrator within thirty (30) working days of calendar days, submit the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree matter to Arbitration as to the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and bindinghereinafter provided.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Procedures. A. 9.01 For purposes the purpose of this ArticleAgreement, a grievance shall be determined is defined as a dispute between a bargaining unit member and/or arising out of the Federation and the Board over the interpretation interpretation, application, administration or application of, the terms alleged violation of this negotiated agreement. Grievances Agreement, and shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance dealt with in accordance with the following grievance procedure:
Step 1: An employee shall verbally present a grievance to his immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, and/or Manager within seven ten (710) working days of the date on which the food service employee could reasonably have known of the occurrence of the event giving that has given rise to the alleged grievance. A Union ▇▇▇▇▇▇▇ shall be present.
C. If, as a result of Step 2: If the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation is not satisfactorily settled within seven three (73) working days of the informal discussiondays, on the form set forth in annexed Appendix Aa written grievance, signed by the grievant and a representative of employee describing the Federationspecific issue, which form shall be available from presented by the Food & Nutrition Services Director or designee or Union ▇▇▇▇▇▇▇ and the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known grievor, to the employee, pursuant Director of Engineering & Public Works within an additional three (3) working days. The Director of Engineering & Public Works will provide their decision to the methodology described ▇▇▇▇▇▇▇ in Florida Statute 231.291 writing within two (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance form. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (72) working days of receipt of the written grievance. If the decision of the Director of Engineering & Public Works is not satisfactory, the immediate supervisor shall meet with ▇▇▇▇▇▇▇ and the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing Grievor shall, within seven three (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (73) working days of the disposition or expiration receipt of the time limitdecision in Step 2, present a written grievance, signed by the employee describing the specific issue, to the Director of Human Resources. Within seven (7) working days, the Superintendent/designee shall The Director of Human Resources will meet with the grievant ▇▇▇▇▇▇▇, Grievor, Union Business Representative, Director of Engineering & Public Works and immediate supervisor and/or Federation representative and shall indicate the disposition of Manager to discuss the grievance and will provide a decision in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator ▇▇▇▇▇▇▇ within five (5) working days from after receipt of the notification date that arbitration grievance.
9.02 A grievance arising directly between the Corporation and the Union involving the interpretation or alleged violation of this Agreement may be submitted in writing by either party within thirty (30) calendar days of the incident giving rise to the grievance. In the case of a Union grievance procedure shall commence with Step 4. In the case of a Corporation grievance the matter will be pursuedsubmitted to the Union and, failing settlement within five (5) working days thereafter, may be referred to arbitration as hereinafter provided. It is expressly understood that the provision of Clause 9.02 may not be used to institute a complaint or grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular grievance procedure shall not hereby be by-passed.
9.03 Failing satisfactory settlement of the grievance, after the grievance has been carried through all the applicable steps of the grievance procedure, the arbitrator shall grievance may then be selected from a list submitted to arbitration by either party provided that it is submitted within thirty (30) calendar days following the Federal Mediation final step in the grievance procedure and Conciliation Service and/or in accordance with the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms provision of Article 10 of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and binding.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. 9.04 The time limits provided set out in the above sections and in Article 10 of the Agreement are mandatory and shall be strictly observedobserved by the parties to this Agreement provided, but however, that the parties may be extended by written agreement of the parties. In the event a grievance is filed after May 15 mutually agree in writing in respect to an extension or waiver of any year and strict adherence to of the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a imposed. Any grievance prior to the end of the school term not filed or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, processed within the time limits without mutual agreement in writing to an extension or waiver shall be extended considered to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss disposed of pay or accumulated leave, for that purposewithdrawn.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Grievance Procedures. A. 15.01 For purposes the purpose of this ArticleAgreement, a grievance shall be determined is defined as a dispute between a bargaining unit member and/or the Federation and the Board over dispute, claim or complaint involving the interpretation or application of, of the terms provisions of this negotiated agreement. Grievances Agreement.
i. No grievance shall be processed through considered where the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, within seven (7) working days of the date on which the food service employee could reasonably have known of the occurrence of the event circumstances giving rise to it occurred or originated more than five (5) full working days before the alleged filing of the grievance.
C. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c)ii. The An employee shall have the right to respond be accompanied by a Representative of the Union at any and all times during the grievance procedure.
iii. No grievance shall be considered unless the employee first presents the matter verbally to any item(s) their immediate Supervisor in an attempt to be placed in his/her personnel file and to have resolve the response attached to such itemissue of dispute.
iv. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event Where a grievance is filedarises as a result of a termination, the disciplinary action memo/form shall be held with Union may present such grievance on behalf of the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit employee directly to the immediate supervisor, a copy Step 4 of the grievance form. If the grievance involves more than one school building, it procedure.
v. The time limits defined herein may be filed with extended upon (written) mutual agreement between the Superintendent/designeeParties.
vi. Within seven (7) working days Grievances arising under this Agreement shall be adjusted and settled as follows:
STEP 1: The aggrieved employee or group of receipt of the grievance, the employees shall present their grievance orally to their immediate supervisor Supervisor and a sincere effort shall meet with the grievant and/or the Federation representative in an effort be made to resolve the grievancecomplaint. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish If a copy thereof settlement satisfactory to the Federation.
STEP II If the grievant and/or Federation employee or group of employees concerned is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator reached within five (5) working days from after the notification date that arbitration will be pursuedgrievance has been presented, the arbitrator shall be selected from said employee or group of employees then may present their grievance as follows at any time within two (2) working days thereafter.
STEP 2: The aggrieved employee or group of employees then may submit their grievance in writing to their immediate Supervisor and may have the assistance of a list submitted by Representative of the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedingsUnion. The arbitrator written grievance shall have no power to alterspecify the matter complained of, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award parts of the arbitrator agreement alleged to be violated and, in the event of a satisfactory settlement not being reached, the Supervisor shall be final deal with the grievance and bindinggive their answer (in writing) to the Union within five (5) working days after the day upon which they received the grievance.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. STEP 3: If the decision issued by of the arbitrator Supervisor is not satisfactory to the one requested by either partyUnion, the arbitrator shall determine matter may be referred in writing to the distribution of hisManager/her fees between Director or designate within five (5) working days. The Manager/Director shall, within five (5) working days following the parties. Each party shall be responsible for any other expense it chooses day upon which they received the grievance, meet with the Union in an effort to incursatisfactorily resolve the issues in dispute and give their written response to the grievance.
C. The time limits provided in STEP 4: If the Article shall be strictly observeddecision of the Manager/Director or designate is not satisfactory to the Union, but and/or the grievance is related to a termination of employment, the matter may be extended by referred to the Vice-President or designate within five (5) working days. That Vice-President or designate shall, within five (5) working days following the day upon which they received the grievance, meet with the Union is an effort to satisfactorily resolve the issues in dispute and give their written agreement response to the grievance.
STEP 5: If final settlement of the parties. In the event a grievance is filed after May 15 not reached within ten (10) working days of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall grievance may be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with referred within the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.subsequent ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. A. For purposes It is the mutual desire of the parties hereto that complaints and grievances of employees, the Union and the Commission shall be adjusted as quickly as possible, and the following procedures shall apply to all such complaints or grievances. Any difference concerning the interpretation, application, adminis- tration or alleged violation of the provisions of this Article, Agreement shall be a proper matter for the Grievance Procedure outlined below. It is understood that a complaint does not become a grievance until the employee has first given the supervisory force an opportunity to adjust the complaint.
Step 1. If any one or more employees (herein referred to as the Grievor) shall be determined as have a dispute between a bargaining unit member and/or grievance against the Federation and the Board over the interpretation or application ofCommission, the terms of this negotiated agreement. Grievances shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representativeGrievor may, within seven (7) working 16 calendar days after the Grievor has become aware of the date on which the food service employee could reasonably have known of the occurrence of the event facts giving rise to the alleged grievancecomplaint have arisen, submit the complaint, orally, to the immediate ▇▇▇▇▇▇▇, Supervisor or Superintendent. The Grievor may at any time be accompanied or represented by a Union Representative and the parties shall attempt to resolve the matter.
C. IfStep 2. If the matter cannot be resolved at Step 1, or if a solution satisfactory to the Grievor is not reached within I2 calendar days following such submission, then the Union may submit the complaint as a result grievance, in writing or orally, to the Department Head of the informal discussion with Department in which the immediate supervisor, an alleged grievance still exists, Grievor works or the following formal grievance procedure may, at designated representative of such Department Head. At this step either party may require the option attendance of the grievantGrievor, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed provided that any statements made by the grievant and a representative of Grievor or the Federation, which form Commission representatives shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items presumed to have been made without prejudice and may not be placed in an employee’s official personnel file unless the item has been made known referred to at Arbitration. The Department Head or designated representative shall reply to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhaustedwithin 12 calendar days of submission thereof.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance formStep 3. If the grievance involves more than one school buildingreply from the General Superintendant or designated represen- tative is unsatisfactory to the Union, it may be filed with the Superintendent/designee. Within seven (7) working Union may, within 12 calendar days of from the receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative reply in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievanceStep 2, or if no disposition has been made reply is received, within 12 calendar days from the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limitperiod limited for such reply, submit an appeal in writing to the Manager-Human Resources or designated representative. Within seven The Assistant General Manager(s) in the Operations Branch will conduct the Appeal for Operations Branch employees (7including Wheel Trans) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance reply in writing within seven (7) working days 12 calendar days. Should either Assistant General Manager not be available, the Man- ager-Human Resources or designated representative shall conduct the grievance. All other grievances shall be dealt by the Manager-Human Re- sources or designated representative in accordance with the above provisions. At this hearing, either party may require the attendance of the Grievor, provided that any statements made by the Grievor or the Commission representatives shall be presumed to have been made without prejudice and may not be referred to at Arbitration. If such a meeting and shall furnish a copy thereof reply is not satisfactory to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designeeUnion, or if no disposition has been made reply is received, either party may, within five (5) calendar days, submit the specified time limitmatter to Grievance Mediation, the grievance may be submitted by the Federationor may, to arbitration before an impartial arbitrator within thirty (30) working days of calendar days, submit the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree matter to Arbitration as to the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and bindinghereinafter provided.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. A. 9.01 For purposes the purpose of this ArticleAgreement, a grievance shall be determined is defined as a dispute between a bargaining unit member and/or arising out of the Federation and the Board over the interpretation interpretation, application, administration or application of, the terms alleged violation of this negotiated agreement. Grievances Agreement, and shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance dealt with in accordance with the following grievance procedure:
Step 1: An employee shall verbally present a grievance to his immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, and/or Manager within seven ten (710) working days of the date on which the food service employee could reasonably have known of the occurrence of the event giving that has given rise to the alleged grievance. A Union ▇▇▇▇▇▇▇ shall be present.
C. If, as a result of Step 2: If the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation is not satisfactorily settled within seven three (73) working days of the informal discussiondays, on the form set forth in annexed Appendix Aa written grievance, signed by the grievant and a representative of employee describing the Federationspecific issue, which form shall be available from presented by the Food & Nutrition Services Director or designee or Union ▇▇▇▇▇▇▇ and the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known grievor, to the employee, pursuant Director of Engineering & Public Works within an additional three (3) working days. The Director of Engineering & Public Works will provide their decision to the methodology described ▇▇▇▇▇▇▇ in Florida Statute 231.291 writing within two (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance form. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (72) working days of receipt of the written grievance. If the decision of the Director of Engineering & Public Works is not satisfactory, the immediate supervisor shall meet with ▇▇▇▇▇▇▇ and the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing Grievor shall, within seven three (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (73) working days of the disposition or expiration receipt of the time limitdecision in Step 2, present a written grievance, signed by the employee describing the specific issue, to the Director of Human Resources. Within seven (7) working days, the Superintendent/designee shall The Director of Human Resources will meet with the grievant ▇▇▇▇▇▇▇, Grievor, Union Business Representative, Director of Engineering & Public Works and immediate supervisor and/or Federation representative and shall indicate the disposition of Manager to discuss the grievance and will provide a decision in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator ▇▇▇▇▇▇▇ within five (5) working days from after receipt of the notification date that arbitration will be pursued, grievance.
9.02 A grievance arising directly between the arbitrator shall be selected from a list submitted by Corporation and the Federal Mediation and Conciliation Service and/or Union involving the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, interpretation or subtract from the terms alleged violation of this Agreement. The Superintendent/designee and the Federation shall not Agreement may be permitted to assert submitted in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award writing by either party within thirty (30) calendar days of the arbitrator shall be final and binding.
B. If incident giving rise to the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the partiesgrievance. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing case of a Union grievance procedure shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.commence with Step
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. A. For purposes 8:01 Grievances shall be dealt with in the following manner provided requests for grievance hearings and replies following such hearings shall be in writing at all steps. Grievances shall specify the clause or clauses in the Agreement which it is believed the City has violated and shall include a statement of this Article, facts outlining in what manner the City's interpretation of a clause is disputed. A copy of the grievance shall be determined as a dispute between a bargaining unit member and/or submitted at each step of the Federation grievance procedure and the Board over the interpretation or application of, the terms of this negotiated agreement. Grievances replies to grievances shall be processed through sent to the procedure outlined belowChairman of the Grievance Committee.
B. In 8:02 A grieved employee, assisted by a ▇▇▇▇▇▇▇ or officer of the event that a food service employee believes there is a basis for a grievanceUnion, he/she shall first discuss promptly the alleged grievance case with their Supervisor and the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, Division Head within seven (7) working fifteen days of the date on which the food service employee could reasonably have known of the occurrence of the event giving incident which gave rise to the alleged grievance.
C. If, as matter in dispute. The Supervisor shall render a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation decision within seven (7) three working days of the informal discussionmeeting. Failing settlement, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form difference shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event considered a grievance is filed, and the disciplinary action memo/form following steps shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhaustedtaken.
STEP I The grievant and/or Federation may submit to grievance shall be put in writing and the immediate supervisoremployee may, a copy of the grievance form. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (7) within five working days of receipt of the grievancereply from the Supervisor, the immediate supervisor shall meet request a hearing with the grievant and/or the Federation representative in an effort to resolve the grievanceDepartment Head. The immediate supervisor shall indicate the disposition employee assisted by a ▇▇▇▇▇▇▇ or officer of the grievance in writing Union will attend the hearing with the Department Head. The Department Head shall render a decision within seven (7) five working days after such meeting, and shall furnish a copy thereof to of the Federationhearing.
STEP II If the grievant and/or Federation is Grievance Committee considers that a satisfactory settlement was not satisfied with the disposition reached at Step I, it may within five working days of receipt of the grievanceStep I reply, request a hearing by the Commissioner of Human Resources, or if no disposition has been made a representative. The Commissioner of Human Resources, or a representative, shall render a decision within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) five working days of the disposition or expiration of hearing.
STEP III If the time limit. Within seven (7) working daysGrievance Committee considers that a satisfactory settlement was not reached at Step II, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing it may within seven (7) five working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition receipt of the grievance Step II reply, request a hearing by the Superintendent/designee, or if no disposition has been made Chief Administrative Officer. The Chief Administrative Officer shall render a decision within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) five working days of the date hearing.
STEP IV If the Grievance Committee considers that a satisfactory settlement was not reached at Step III, it may within five working days of receipt of the disposition at STEP IIStep III reply, request that the grievance be referred to Arbitration in accordance with the terms of the Ontario Labour Relations Act.
8:03 A Board of Arbitration shall not alter, modify or amend any part of this agreement or make any decision inconsistent with its provisions.
8:04 Where a dispute involves a question of general application or interpretation of the terms of the agreement either the Union or the expiration City may file a grievance at Step II of the time limit. If grievance procedure.
(a) Whenever the parties cannot agree as Employer deems it necessary to issue a written disciplinary action, a letter of discipline shall be provided to the arbitrator employee with a copy to the Union and the Human Resources Department.
(b) In cases of discharge the employee and/or the Union shall have the right to file a grievance at Step II of the grievance procedure, provided such grievance is filed within five fifteen (515) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and bindingdischarge.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. 8:06 The time limits provided set out in both the Article grievance and arbitration procedure shall be strictly observedobserved by the parties, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possiblemutual consent.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. A. For purposes 8.01 The parties to this agreement agree that it is of the utmost importance to adjust complaints and grievances concerning the administration, interpretation or alleged violation of this ArticleAgreement as quickly as possible. Employees shall try to settle their complaints with their supervisor as soon as possible after the complaint originated, a but not later than five (5) working days after circumstances giving rise to it became known or ought to have become known to the employee before proceeding with the formal grievance procedure. If settlement is not possible, the employee may, if the employee chooses, contact the Union ▇▇▇▇▇▇▇ (who may attend in accordance with Article 7.03) to attempt to settle the complaint.
8.02 No grievance shall be determined as a dispute between a bargaining unit member and/or the Federation and the Board over the interpretation or application of, the terms of this negotiated agreement. Grievances shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there considered when it is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, within seven filed more than ten (710) full working days of after the date on which the food service employee could reasonably have known of the occurrence of the event circumstances giving rise to the alleged grievance.
C. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director it became known or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made ought to have become known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). affected employee or Union official.
8.03 Grievances arising under this Agreement shall be adjusted and settled as follows: The affected employee shall have attempt to adjust the right to respond to any item(s) to be placed in his/her personnel file and to have complaint through the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhaustedprocesses set out above.
STEP I Step 1 The grievant and/or Federation may submit affected employee shall attempt to adjust the immediate supervisor, a copy of complaint through the grievance formprocesses set out above. If the grievance involves more than one school buildingcomplaint is not so adjusted, it may shall be filed with reduced to writing on a regular grievance form supplied by the Superintendent/designee. Within seven (7) working days of receipt of Union, and presented to the grievance, the immediate supervisor Chief Executive Officer who shall meet with the grievant and/or the Federation representative in an effort ▇▇▇▇▇▇▇ and grievor to try to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator matter within five (5) working days from of the notification date that arbitration will presentation of the grievance. The Chief Executive Officer or her designate shall give her written decision within five (5) working days following the meeting of the grievance. If the Chief Executive Officer’s decision is not satisfactory then the grievance may then be pursuedpresented as indicated in Step 2.
Step 2 Within five (5) working days after the decision is given or should have been given at Step 1, the arbitrator Union may submit the grievance to the Board of the Employer, or its designate, who shall convene a meeting within ten (10) working days or such longer period as may be mutually agreed to accommodate the parties to consider and discuss it in the presence of the ▇▇▇▇▇▇▇ and employee concerned. The National Union representative shall be selected from a list submitted present at the meeting. As well, if requested by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with Employer, its rulesadvisor/counsel, which rules shall likewise govern the arbitration proceedingsmay be present. The arbitrator Board of the Employer or its designate shall have no power render its decision in writing within five (5) working days following the meeting. If the Employer fails to alter, add toreply, or subtract from if the terms of this Agreement. The Superintendent/designee and Union is not satisfied with the Federation shall not be permitted written response, the Union may refer the grievance to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award within twenty-five (25) working days of the arbitrator response time.
8.04 In the case of a discharged or suspended employee, the grievance shall be final and binding.
B. If presented in writing at Step 2 to the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unitEmployer. If the decision issued of the Employer is not satisfactory, the grievance may be referred to arbitration.
8.05 Either the Union or the Employer shall have the right to file a grievance against the other regarding the administration, application or alleged violation of any term(s) of this agreement. A Union grievance shall not include any matter upon which the employee or a group of employees would personally be entitled to grieve. All such grievances must be in writing, signed by the arbitrator is not filing party and presented to the one requested by either partyother party within ten (10) working days of the occurrence of the circumstances giving rise to the grievance. A Union or Employer grievance shall be filed at Step 2 of the grievance procedure.
8.06 Where a number of employees have identical grievances, and each employee would be entitled to grieve separately, the arbitrator shall determine employees may file a group grievance signed by each of the distribution employees claiming to be affected. A group grievance may be filed at Step 2 of his/her fees between the parties. Each party shall be responsible for any other expense it chooses grievance procedure within five (5) working days after the circumstances giving rise to incurthe grievance have occurred.
C. 8.07 Written grievances, to be valid, shall set out the nature of the grievance, the article, or articles, of the agreement alleged to have been violated and the nature of the remedy sought, and shall not be subject to change at a later date except by mutual agreement. It is understood that an Arbitrator has the jurisdiction to substitute a lesser penalty pursuant to the Labour Relations Act.
8.08 The parties agree that time limits provided lines referred to in the Article shall be strictly observed, but this article may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possiblemutual agreement.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. A. For purposes It is the mutual desire of the company and the union to resolve any complaint or cause for dissatisfaction arising between an Employee and the Company with respect to the application, interpretation or alleged violation of this Articleagreement, a grievance shall be determined adjusted as quickly as possible. It is generally understood that an Employee has no griev- ance until he has first given his immediate Team Leader or Supervisor an opportunity to adjust the complaint. Such complaint must be registered with the Team Leader within four working days from the date of the alleged violation of the agreement. If, after registering the complaint with the Team Leader or Supervisor and such complaint is not settled within two working days, then the following steps in the grievance procedure may be invoked: Step Failing an answer from his Team Leader or Supervisor or his representative, or a dispute between a bargaining unit member and/or the Federation and the Board over the interpretation or application ofsatisfactory settlement, then with- in three working days, the terms of this negotiated agreement. Grievances shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefersaggrieved employee, accompanied by a Federation Union Representative, shall meet with his Coordinator and/or another company representative. At this time, the grievance must be submitted to the Company in writing. The grievance must state which sec- tion of the Agreement has been allegedly violated and the nature of the relief or remedy sought. A written decision, including reasons, shall be rendered by his Coordinator, or his representative, to the Union within four work- ing days. For grievances arising on Shift the Coordinator or his representative shall have three working days following the day of the meeting to render his written decision. Any resolution reached at this stage will not create a precedent for resolving future disputes, nor will it result in either party prejudicing its rights in similar or identical grievances in the future. Step Failing an answer from his Coordinator or his representa- tive, or a satisfactory settlement at Step within five working days, or such time mutually agreed in writing, the union shall refer the grievance, in writing to the Human Resources Manager, or his representative. For grievances arising on Shift the union shall refer the grievance in writing to the Human Resources Manager, or his representative, within seven (7) three working days of the date on which the food service employee could reasonably have known of the occurrence of the event giving rise to the alleged grievance.
C. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c)days. The employee shall have the right to respond to any item(s) to be placed in his/her personnel file Human Resources Manager, Production Manager and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance form. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (7) working days of receipt of the grievance, the immediate supervisor additional Company representative shall meet with the grievant and/or the Federation representative in an effort to resolve the grievanceaggrieved Employee within days with his person and Chairperson. The immediate supervisor National Representative or an Executive Officer with Local may attend such meeting. The Human Resources Manager shall indicate render his written decision, including reasons for such decision at this step, to the disposition Union, within ten working days from the date of this meeting. For grievances arising on Shift the Human Resources Manager shall render his writ- ten decision within two calendar weeks. Policy or group grievance initiated by the Company or by the Union will be originated at the second Step of the grievance in writing within seven (7) working days after such meetingprocedure. For group grievances, and the employees will be represented by a single employee from the group. For policy grievances, the entire plant commit- tee may be present. Grievances dealing with discharge or suspension shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied commence with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition second Step of the grievance procedure. When an employee has been dismissed or suspended on the company premises, he shall be given the opportunity to meet with his Committeeperson in writing within seven (7) private, for a period of time not to exceed twenty-five minutes before leaving the premises. The time limits foreseen at the various steps of the griev- ance procedure may be extended by mutual consent, in writing, by both parties. The Company shall not be subject to any financial liability for any period more than, up to fifteen working days of such a meeting and shall furnish a copy thereof maximum, prior to the Federation.
A. If date the grievant and/or Federation is grievance was filed in writing. Any grievance not satisfied with presented within the disposition time limits as set forth under any of the steps of the grievance by the Superintendent/designeeprocedure and arbitration procedure, or if no disposition has any longer periods which may have been made mutually agreed upon, shall be deemed null and void. Any grievance not responded to within the specified time limitframes as set forth under any steps of the grievance procedure, or any longer periods which may have been mutually agreed upon, may be presented at the next step, within the time limits as set forth under any steps of the griev- ance procedure. Failing a satisfactory settlement, as in Step Two the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and bindingarbitration.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. A. For purposes Section 1: A grievance within the meaning of this Article, a grievance Agreement shall be determined as a any difference of opinion, controversy, or dispute between a bargaining unit member and/or the Federation and the Board over arising out of the interpretation or application ofof this Agreement.
Section 2: Nothing within this Agreement shall be construed to prevent any individual employee from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this negotiated agreement. Grievances Agreement.
Section 3: All signed grievances shall be processed submitted to the chairperson of the grievance committee and it shall be the responsibility of the grievance committee to review all grievances.
Section 4: Procedure
Step 1: An employee with a grievance shall discuss it with his/her immediate supervisor individually, together with his/her Association Representative, or through the procedure outlined belowAssociation Representative. This discussion must be held within five (5) calendar days (excluding holidays and those periods when school is not in session) of its occurrence or said grievance shall be deemed waived by the employee, Association, and the School.
B. In Step 2: If the event that a food service employee believes there decision of the supervisor is a basis for a grievanceunacceptable to the Association, he/she shall first discuss promptly the alleged Association may take the grievance up with the immediate supervisor either personally or, if heDirector of Human Resources or his/she prefers, accompanied by a Federation her representative, provided the grievance is presented to the Director of Human Resources within five (5) working days following the supervisor's decision. The Director of Human Resources or his/her representative shall give his/her decision in writing over his/her signature within five (5) working days following presentation of the grievance by the Association.
Step 3: If the decision of the Director of Human Resources is unacceptable to the Association, the Association shall so notify the Director of Human Resources within five (5) working days following the rendering of the decision in Step 2. At that time, the Association has the right to request a meeting with the Superintendent of Schools to present the facts upon which the grievance is based, remedy or correction that is requested, and the section or sections of the contract that have been violated. Such a meeting must be held within seven (7) working days of from the date on which the food service employee could reasonably have known of the occurrence of the event giving rise request. The Superintendent’s written decision must be delivered to the alleged grievance.
C. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation Association within seven (7) working days of following the informal discussion, on meeting with the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c)Superintendent. The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. Step 4: In the event a grievance is filed, which involves the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant interpretation and/or Federation may submit to the immediate supervisor, a copy application of the grievance form. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant Article 8 and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation Article 9 is not satisfied with the disposition of the grievancesatisfactorily resolved at Step 3, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within five (5) working days from after receipt of the notification date that arbitration will be pursuedSuperintendent's decision, the arbitrator shall grievance may be selected from a list submitted transmitted to the State Labor Mediation Board for purposes of acquiring assistance of the State Labor Mediator for grievance
Step 5: Grievances which have not been satisfactorily settled at Step 3, may be referred by either party to arbitration in accordance with the Federal Mediation and Conciliation Service and/or Voluntary Labor Arbitration Rules of the American Arbitration Association then in accord effect, provided such referral is made in writing with its rulesa copy to the Human Resources Director within ten (10) working days after receipt by the union of the 3rd Step answer for such grievances. If the grievances have not been submitted to arbitration within said ten (10) working day period, which rules they shall likewise govern the arbitration proceedingsbe considered as being resolved. The arbitrator shall have no power authority to alter, add to, subtract from, change or subtract from the terms modify any provisions of this Agreement. The Superintendent/designee Agreement and shall be limited solely to the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award interpretation and application of the arbitrator specific provisions contained herein. He shall be final and binding.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid have no authority to modify or change any salary provision established by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided fact that a grievance has been considered by the parties in the Article shall be strictly observed, but may be extended by written agreement preceding steps of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein procedure shall not be inconsistent with constitute a waiver of jurisdictional limitations upon the provisions of the arbitrator in this Agreement.
F. All food service employees a) Grievances that are not appealed within the time limit specified in each step of the grievance procedure shall be considered settled on the basis of the decision last rendered; unless such time limit is extended by mutual agreement in writing by the parties involved.
b) If the School fails to give an answer within any time limit specified in the grievance procedure (unless such time limit is extended by mutual agreement) the Association may submit the grievance to the next step of the grievance procedure.
c) The Association and the School will be entitled required to fair, reasonable pay all their own expenses involved in processing a grievance except that in Step 4 and equitable treatment. A food service employee who participates Step 5 both parties will share equally all costs submitted by the mediator or intends to participate arbitrator in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing connection with the processing grievance.
d) In the administration of the grievance procedures any financial liability to the School District shall be limited to the amount of earning actually lost with deductions of all sums earned during this period. If an error is made in the calculation of a grievance bus driver's salary the School will be liable for the shortage. If an error should be made which results in overpayment to the driver, then the bus driver shall be filed separately from obligated to repay the personnel files of School such liability on the participantsbus driver and the School shall be limited to the current contract year.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Sources: Negotiations Agreement
Grievance Procedures. A. For purposes of this Article, a. Employees have a grievance shall right to be determined as a dispute between a bargaining unit member and/or the Federation and the Board over the interpretation or application of, the terms of this negotiated agreement. Grievances shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, within seven (7) working days representative of the date on which the food service employee could reasonably have known of the occurrence of the event giving rise to the alleged grievancetheir choosing at any grievance meeting.
C. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). b. The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance form. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee Board and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that these proceedings will be kept informal and all information relating to a grievance will be kept confidential.
c. If a grievance affects a group of employees at two or more work locations, the award Federation must file a written grievance within ten workdays on behalf of the arbitrator employees affected directly to the Director of Human Resources. The Federation shall be final identify the employees and bindingthe work locations.
B. If the arbitrator sustains the position of the grievant, the fees d. All written and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records printed matter dealing with the processing of a grievance shall will be filed separately from the official personnel files file of the participantsparticipant(s) in the file maintained by the Office of Human Resources. No reprisal shall be taken by the Board or any member of the administration against any employee participating in the processing of a grievance.
G. Nothing in this Article shall require e. Representatives from the Federation and the Office of Human Resources shall develop all forms to be used in the processing of grievances. All grievances and appeals of such must be filed on appropriate forms, as provided by the Office of Human Resources.
f. The Board agrees to make available to the aggrieved party and representative, in a reasonable amount of time, all pertinent information, not privileged, in its possession or control that is relevant to the issues raised by grievance.
g. Leave with pay will be granted to an employee whose absence from duty is required by parties to the grievance as part of a grievance hearing. The Office of Human Resources shall notify the site administrator(s) of the employees designated to appear at such hearing.
h. Nothing contained herein shall limit the right of any employee to process grievances for employees who are a grievance as an individual. The Federation shall be afforded the opportunity to be present and to make its views known at grievance meetings in such a case. Any adjustment made shall not members be inconsistent with this Agreement. If such grievance is filed, it may not be re-filed by the Federation on behalf of the Federationindividual nor may the individual be a party to a group grievance on the same issue. Any grievance decision shall be provided to the Federation at the time of the decision. Confidentiality will be respected when requested by the aggrieved.
Appears in 1 contract
Sources: Classified Bargaining Agreement
Grievance Procedures. A. Section 1 For purposes the purpose of this ArticleAgreement, a grievance shall be determined defined as a dispute or controversy between a bargaining unit member and/or an individual employee, more than one (1) employee, or the Federation Union and the Board over District arising out of the application or interpretation or application of, the terms of this negotiated agreement. Grievances Agreement.
Section 2 The purpose of this Article is to provide the sole method for the settlement of grievances as defined herein and such grievance shall be processed through settled in accordance with the procedure outlined belowfollowing procedure.
B. In A. The complaint shall be presented to the event that a food service Superintendent of Schools and/or designee in writing by the aggrieved employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, within seven fifteen (715) working days of the date on which the food service employee could reasonably have known incident or of the occurrence employee's knowledge of the event giving rise to the alleged grievance.
C. If, as a result incident. The Superintendent of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation within seven Schools and/or designee shall have fifteen (715) working days from the date he/she received the grievance in which to issue a written response. If the response is not satisfactory to the aggrieved employee, then within fifteen (15) days after receipt of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available decision from the Food & Nutrition Services Director or designee or Superintendent of Schools and/or designee, the Federation.employee may proceed to Step B.
D. Items B. The aggrieved employee may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in submit his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisorSuperintendent, who, within fifteen (15) working days after receiving the written notice of grievance, will convene a copy meeting between the aggrieved employee, his/her Union representative, and the Superintendent, for the purpose of resolving the grievance formgrievance. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven is not resolved within fifteen (715) working days of receipt of following the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by to arbitration.
Section 3 Failure to give an answer within the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of specified time limits set out above shall automatically result in the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as grievance being awarded to the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and bindingother party.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, Section 4 The District shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual maintain documents pertaining to grievance matters in confidential files separate from employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incurpersonnel files.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. A. For purposes of this Article, 1. Employees have a grievance shall right to be determined as a dispute between a bargaining unit member and/or the Federation and the Board over the interpretation or application of, the terms of this negotiated agreement. Grievances shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, within seven (7) working days representative of the date on which the food service employee could reasonably have known of the occurrence of the event giving rise to the alleged grievancetheir choosing at any grievance meeting.
C. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c)2. The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance form. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee Board and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that these proceedings will be kept informal and all information relating to a grievance will be kept confidential.
3. If a grievance affects a group of employees at two or more work locations, the award Federation must file a written grievance within ten workdays on behalf of the arbitrator employees affected directly to the Director of Human Resources. The Federation shall be final identify the employees and bindingwork locations.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention4. All documents, communications written and records printed matter dealing with the processing of a grievance shall will be filed separately from the official personnel files file of the participantsparticipant(s) in a file maintained by the Office of Human Resources. No reprisal shall be taken by the Board or any member of the administration against any employee participating in the processing of a grievance.
G. Nothing in this Article shall require 5. Representatives from the Federation and the Office of Human Resources shall develop all forms to be used in the processing of grievances. All grievances and appeals of such must be filed on appropriate forms, as provided by the Office of Human Resources.
6. The Board agrees to make available to the aggrieved party and representative, in a reasonable amount of time, all pertinent information, not privileged, in its possession or control that is relevant to the issues raised by the grievance.
7. Leave with pay will be granted to an employee whose absence from duty is required by parties to the grievance as part of a grievance hearing. The Office of Human Resources shall notify the site administrator(s) of the employees designated to appear at such a hearing.
8. Nothing contained herein shall limit the right of any employee to process grievances for employees who are a grievance as an individual. The Federation shall be afforded the opportunity to be present and to make its views known at grievance meetings in such a case. Any adjustment made shall not members be inconsistent with this Agreement. If such a grievance is filed, it may not be re-filed by the Federation on behalf of the Federationindividual nor may the individual be a party to a group grievance on the same issue. Any grievance decision shall be provided to the Federation at the time of the decision. Confidentiality will be respected when requested by the aggrieved.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. SECTION A. For purposes If any employee of the City covered by this Article, a grievance shall be determined as a dispute between a bargaining unit member and/or the Federation and the Board over the interpretation or application of, the terms of this negotiated agreement. Grievances shall be processed through the procedure outlined below.
B. In the event Agreement believes that a food service employee believes there is a basis for a grievancehe has been treated unfairly in connection with his job, he/she shall first discuss promptly may use the alleged grievance Grievance Procedure outlined hereafter with the immediate supervisor either personally orassurance that no coercion, if hediscrimination or reprisals against him/she prefers, accompanied by a Federation representative, her will follow because of his action.
Step 1. The employee shall present the grievance in writing to the Union President or his designee within seven five (75) working days of the date on incident, which causes the food service employee could reasonably have known to be aggrieved. The Union President shall call a meeting of the occurrence Grievance Committee and an answer to the grievance shall be given. The Grievance Committee shall consist of five (5) members of the event giving rise Union.
Step 2. The Chairman of the Grievance Committee shall immediately notify the Chief of Police of the decision of the Grievance Committee.
Step 3. If the employee or the department is not satisfied with the decision of the Grievance Committee, either may submit the grievance, within five (5) days to the alleged grievancePolice Grievance Board.
C. If, as a result SECTION B. The Police Grievance Board shall consist of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option five (5) persons: two (2) officers of the grievant, Union selected by the Union members; two (2) Officers to be invoked through named by the Federation within seven (7) working days Chief of Police or his designee; and the fifth member shall be the Mayor or his designee. These officials shall have the right to designate representatives to replace themselves. Members of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative Board shall not have previously investigated any of the Federation, which form shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known facts with regard to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c)grievance. The aggrieved employee shall have the right of legal counsel or other representation.
SECTION C. Failure of the employee to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, within the disciplinary action memo/form time limits as provided or to take the same to the next step within the time limits provided shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance form. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (7) working days of receipt deemed abandonment and settlement of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition .
SECTION D. No Failure of the grievance in writing department to appeal the decision of the Grievance Committee within seven (7) working days after such meeting, the time limits provided shall be deemed abandonment and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition settlement of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and binding.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Sources: Working Agreement
Grievance Procedures. A. For purposes of this Article, a I A grievance shall be determined defined as a dispute between complaint of an alleged violation, misinterpretation or misapplication of any of the specific provisions of this Agreement. II Every employee covered by this Agreement shall have the right to present grievances in accordance with these procedures. The failure of an employee to act on any grievance within the prescribed time limits will act as a bargaining unit member and/or bar to any further appeal, and an administrator's failure to give a decision within the Federation time limits shall permit the grievant to proceed to the next step. The time limits, however, may be extended by mutual agreement in writing. It is agreed that any investigation or other handling or processing of any grievance by the grieving employee shall be conducted so as to result in no interference with or interruption whatsoever of the work activities of the grieving employee unless mutually agreed that it is necessary to process during the workday. If it is necessary to process during the workday it shall be at no loss of pay to the employee filing the grievance. The grievant may have representation at each step of the grievance procedure. The grievant shall be present at all meetings, and at the Board over option of the interpretation or application ofgrievant(s) may be represented at the meetings by a representative of the Union. When an employee is not represented by the Union, the terms Union shall have the right to be present at all levels, and shall have the right to grieve any adjustment of the employee’s complaint if such adjustment is inconsistent or contrary to the provisions of this negotiated agreement. Grievances III First Step An attempt shall be processed through made to resolve any grievance in informal discussion between complainant and his/her immediate supervisor. If the procedure outlined below.
B. In grievance cannot be resolved informally, the event that aggrieved employee may file the grievance in writing and, at a food service employee believes there is a basis for a grievancemutually agreeable time, he/she shall first discuss promptly the alleged grievance matter with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, within seven (7) working days supervisor. The written grievance shall state the nature of the date on which grievance, shall note the food service employee could reasonably have known specific clause or clauses that pertain to the specific grievance, and shall state the remedy requested. The filing of the occurrence formal, written grievance at the second step must be within ten (10) workdays from the date of the event giving rise to the alleged grievance.
C. If, as . The supervisor shall make a result decision on the grievance and communicate it in writing to the employee and the superintendent or designee within ten (10) workdays after receipt of written notice of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c)grievance. The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. T ▇▇▇▇ Step In the event a grievance is filedhas not been satisfactorily resolved at the second step, the disciplinary action memo/form shall be held with aggrieved employee may file, within five (5) workdays of the Food & Nutrition Service Director or designee in an abeyance folder until supervisor's written decision at the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisorsecond step, a copy of the grievance form. If the grievance involves more than one school building, it may be filed with the Superintendent/superintendent or designee. Within seven ten (710) working days of receipt of the grievanceworkdays after such written grievance is filed, the immediate supervisor aggrieved employee and the superintendent or his/her designee shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor superintendent or his/her designee shall indicate file an answer within ten (10) workdays of the disposition of third step grievance meeting and communicate it in writing to the employee and the supervisor. F ourth Step If the grievance is not resolved satisfactorily at step three, there shall be available a fourth and final step. Within ten (10) workdays, the Union and the employee may submit the grievance in writing within seven to binding arbitration. An employee may submit a grievance to arbitration only with approval of the Union. Within ten (710) working days after such meetingworkdays of written notice to submit the grievance to arbitration, the superintendent or superintendent designee and the Union representative shall meet and attempt to agree on a mutually acceptable arbitrator and shall furnish obtain a copy thereof commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment from the arbitrator, a request for a list of five (5) arbitrators will be made to the Federation.
STEP II If Public Employee Relations Board (PERB). Each of the grievant and/or Federation is not satisfied two parties will alternately strike one name at a time from the list until only one name shall remain. The remaining name shall be the arbitrator. The arbitrator so selected shall confer with the disposition Board or the superintendent and the Union to set the time and date in order to hold hearings promptly. Selection of the grievance, or if hearing site shall occur no disposition has been made within the specified time limit, the grievance shall be submitted later than three (3) days prior to the Superintendenthearing. The arbitrator shall issue his/designee within seven her decision not later than fifteen (715) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of workdays from the date of the disposition at STEP II, or the expiration close of the time limit. If the parties cannot agree as to the arbitrator within five (5) working days hearings, or, if oral hearings have been waived, then from the notification date that arbitration will be pursued, the arbitrator final statements and proofs on the issues are submitted to him/her. The arbitrator's decision shall be selected from a list submitted by in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedingsissues submitted. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award decision of the arbitrator shall be final and binding.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the binding on both parties. The arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of in his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observedopinion, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with amend, modify, nullify, ignore, or add to the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance His/her authority shall be filed separately from strictly limited to deciding only the personnel files issue or issues presented to him/her in writing, by the Board and the employee, and his/her decision must be based solely and only upon his/her interpretation of meaning or application of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members expressed relevant language of the FederationAgreement. Expenses for the arbitrator's services shall be borne equally by the Board and the Union.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. A. For purposes 9.01 A grievance is defined as a dispute arising out of interpretation, application, administration or alleged violation of this ArticleAgreement, and shall be dealt with in accordance with the following grievance procedure:
Step 1 An employee who has a grievance shall be determined as a dispute between a bargaining unit member and/or the Federation and the Board over the interpretation or application of, the terms of this negotiated agreement. Grievances shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the present same verbally to his immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, within seven (7) working days of the date on occurrence which the food service employee could reasonably have known of the occurrence of the event giving has given rise to the alleged grievance. He may do this with or without his Union ▇▇▇▇▇▇▇.
C. If, as a result of Step 2 If the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation is not satisfactorily settled within seven three (73) working days of the informal discussiondays, on the form set forth in annexed Appendix Aa written grievance, signed by the grievant and a representative of employee describing the Federationspecific reason(s) for the grievance, which form shall be available from presented to his immediate Supervisor by the Food & Nutrition Services Director or designee or ▇▇▇▇▇▇▇ and the Federation.
D. Items may not be placed in grievor within an employee’s official personnel file unless the item has been made known additional three (3) working days. The immediate Supervisor will render his decision to the employee, pursuant to the methodology described ▇▇▇▇▇▇▇ in Florida Statute 231.291 writing within two (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance form. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (72) working days of receipt of the written grievance, .
Step 3 If the decision of the immediate supervisor shall meet with is not satisfactory the grievant and/or ▇▇▇▇▇▇▇ and the Federation representative Grievor shall, within three (3) working days of receipt of the decision in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of Step 2, refer the grievance in writing within seven stipulating the Article(s) of the Collective Agreement which is (7are) working days after such meetingclaimed to have been violated, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition Director of the grievance, Community Services or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days designate. The Director of the disposition Community Services or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall designate will meet with the grievant and/or Federation representative ▇▇▇▇▇▇▇ and shall indicate the disposition of Grievor to discuss the grievance and will render his decision in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator ▇▇▇▇▇▇▇ within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award after receipt of the arbitrator shall be final and bindinggrievance.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. Step 4 If the decision issued by of the arbitrator Director of Community Services or designate is not satisfactory, the one requested Union Grievance Committee shall, within four (4) working
9.02 A grievance arising directly between the Corporation and the Union involving the interpretation or alleged violation of this Agreement may be submitted in writing by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement within thirty (30) calendar days of the partiesincident giving rise to the grievances. In the event case of a Union grievance is filed after May 15 the grievance procedure shall commence with Step 4. In the case of any year and strict adherence a Corporation grievance the matter will be submitted to the time limits Union and, failing settlement within five (5) working days thereafter, may result in hardship be referred to any party, arbitration as hereinafter provided. It is expressly understood that the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end provision of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.Clause
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. A. For purposes A grievance is hereby defined to be any complaint of this Articlean employee that, as to him there has been a grievance shall be determined as a dispute between a bargaining unit member and/or misinterpretation or misapplication of the Federation and the Board over the interpretation or application of, the specific terms of this negotiated agreementAgreement or that the employee’s rights have otherwise been violated by the Town or any individual authorized to act on behalf of the Town. Grievances Unless a grievance is presented in writing with ten (10) calendar days of the date the employee knew, or should have known, of the cause for the grievance, then it shall be processed through considered waived. The investigation, discussion, and settlement of grievances shall be done outside of working hours unless the procedure outlined belowTown and the Union representative agree that it is necessary to investigate, discuss or settle a grievance during working hours. No employee shall leave his work station for the purpose of presenting, processing or discussing grievances without first obtaining the permission of his immediate supervisor. Any grievance arising between the Union and/or an employee and Town shall be handled in the following manner: The Union representative or employees shall first discuss the grievance with the immediate non bargaining unit supervisor and attempt to find a solution. If the employee is not satisfied with such an informal discussion, then the employee shall proceed with Step 1.
B. In Step 1. The Union representative or aggrieved employees must present the event that grievance in writing to his/her immediate non bargaining unit supervisor specifying the nature of the grievance and the specific section (s) of the contract he claims to be misinterpreted or misapplied. The Town will notify the Union in writing of the specific supervisor (s) to whom employees must present grievances at Step 1. If a food service satisfactory adjustment is not effected with his non bargaining unit supervisor within six (6) days, he may appeal to Step 2 within three (3) working days.
Step 2. Upon appeal from Step 1, the Department Head shall consider the grievance and shall render a decision in writing not later than (5) days from the date his/her final meeting with the employee believes there occurs. If the employee or Union is a basis for a grievancenot satisfied with the decision of the Department Head, he/she shall first discuss promptly may appeal to the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, Town Manager under Step 3 in writing within seven three (73) working days of the date on which Department Head’s decision.
Step 3. The Town Manager shall consider the food service employee could reasonably have known appeal of the occurrence of the event giving rise to the alleged grievance.
C. If, as aggrieved or Union and shall render a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation decision in writing within seven six (76) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in after his/her personnel file and to have final meeting with the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contentsemployee or Union.
Step 4. In the event a the grievance is filedbased upon an alleged violation of the specific language of this Agreement, and the disciplinary action memo/form shall be held grievant is dissatisfied with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy decision of the grievance form. If the grievance involves more than one school buildingTown Manager, it he/she may be filed file a written request with the Superintendent/designee. Within seven (7) working days of receipt of Union that the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall matter be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limitarbitration. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may Such request must be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator filed within five (5) working days from of the notification date that arbitration will he receives the decision of the Town Manager. A copy of the request must be pursuedfiled simultaneously with the Town Manager. Within ten (10) days of receipt of the request, the arbitrator Union may submit a demand for arbitration to the Connecticut State Board of Mediation and Arbitration. The decision of said Board shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add confined to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and binding.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. A. For purposes Should any difference arise between the Company and any of its employees as to the interpretation, application, administration, or alleged violation of this ArticleAgreement, a an ▇▇▇▇▇▇▇ effort shall be made to settle such differences without undue delay in the following manner:
STEP 1 The aggrieved employee with the assistance of his Shop ▇▇▇▇▇▇▇ shall submit his grievance in writing to his ▇▇▇▇▇▇▇ in the shop within three working days of the occurrence giving rise to the grievance. No grievance shall be determined considered valid which has not been submitted within such three days. The employee and the Shop ▇▇▇▇▇▇▇ may have the assistance of the Business Representative of the Union.
STEP 2 If within three working days from the time the grievance was first submitted to the ▇▇▇▇▇▇▇ a decision satisfactory to the employee is not given, it shall be presented in writing to the Plant Manager or his representative within three additional working days, who shall meet with the Union Representative in an attempt to resolve the differences and render a written decision within seven working days. A Union policy grievance which is defined as an alleged violation of this Agreement involving all or a substantial number of employees in the Bargaining Unit or a grievance involving the Union itself relating to the application or interpretation of this Agreement, may be brought forward in writing at Step 2 of the Grievance Procedure at any time within five full working days after the circumstances giving rise to such Policy Grievance occurred, and if it is not settled at this stage, it may be submitted to a Board of Arbitration in the same manner as a dispute between grievance of an employee.
STEP 3 If settlement is not reached in Step 2 within said five working days a bargaining unit member and/or Joint Conference Board meeting shall be convened and a written decision rendered within five working days. The Joint Conference Board shall be comprised of Two Union Representatives appointed by the Federation Local Union and Two Representatives appointed by CASA. The findings of the Joint Conference Board over shall be final and binding on both parties.
STEP 4 If the interpretation or application ofJoint Conference Board are unable to effect a settlement within the last mentioned five days time limit in Step #3, the terms of this negotiated agreement. Grievances ARBITRATOR shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, within seven (7) working days of the date on which the food service employee could reasonably have known of the occurrence of the event giving rise to the alleged grievance.
C. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance formapplied. If this Grievance is for delinquents, only the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (7) working days of receipt of the grievance, the immediate supervisor delinquent contractor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to pay all cost for the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedingsexpenses. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and binding.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The Any time limits provided in the four steps of this Article shall be strictly observed, but may be extended by written mutual agreement of between the parties. In the event a grievance is filed after May 15 of any year Company and strict adherence to the time limits may result in hardship to any partyUnion, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possiblebut not otherwise.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Grievance Procedures. A. For purposes Section 1 A grievance is defined as an alleged violation, misinterpretation or misapplication of this Articlethe provisions of the collective bargaining agreement with respect to one or more employees covered by the collective bargaining agreement.
Section 2 Step 1. An employee having a grievance is encouraged to discuss the matter informally with the employee's immediate supervisor and/or superintendent/division head in an attempt to resolve the matter. The employee shall be required to discuss the matter informally with the employee's department head prior to initiating a formal written grievance.
Section 3 Step 2. If the aggrieved employee or the bargaining unit is not satisfied with the informal discussion and resolution of the department head and desires to proceed with the grievance, a grievance shall be determined as a dispute between a bargaining unit member and/or made, in writing, to the Federation department head stating those specific sections of the contract which have been violated, the specific grievance and the Board over remedy desired. Filing of the interpretation or application of, the terms of this negotiated agreement. Grievances shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally ordepartment head, if he/she prefersin any case, accompanied by a Federation representative, shall be done within seven fifteen (715) working calendar days of from the date on which the food service employee could reasonably have been first made aware of the event or should have reasonably known of the occurrence event. The department head shall render a decision within fifteen (15) calendar days of receiving the event giving rise written grievance. The department head or employee may require that a grievance hearing be conducted prior to the alleged grievanceissuance of a decision.
C. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance formSection 4 Step 3. If the grievance involves more than one school building, it may be filed aggrieved employee or the bargaining unit is not satisfied with the Superintendent/designeedecision of the department head and desires to proceed with the grievance, an appeal shall be made, in writing, to the City Manager stating those specific sections of the contract which have been violated and the basis of the appeal of the department head's decision. Within seven Filing of the appeal with the City Manager shall be done within fifteen (715) working calendar days of receipt of the grievance, written decision from the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievancedepartment head. The immediate supervisor City Manager or a designated representative shall indicate the disposition conduct a grievance hearing and shall render a decision within fifteen (15) calendar days from receipt of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federationwritten appeal.
STEP II Section 5 Step 4. If the grievant and/or Federation bargaining unit is not satisfied with the disposition decision of the grievance, City Manager or if no disposition has been made within the specified time limitdesignated representative, the grievance shall be submitted bargaining unit may submit, in writing, a request to the Superintendent/designee within seven (7) working days NH Public Employee Labor Relations Board to submit the names of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof prospective arbitrators to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and binding.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party The parties shall be responsible for any other expense it chooses to incur.
C. The time limits provided in then select an arbitrator under the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.Collective Bargaining Agreement IAFF Local 2909 FY14-FY16
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. A. For purposes Should any police officer or group of police officers feel aggrieved concerning his, her or their wages, hours and conditions as controlled by this Articlecontract, excluding the disciplining of a grievance police officer which is governed by the Board of Public Works and Safety and excluding matters which are within and a part of the jurisdiction of the Common Council, or concerning any matter or conditions arising out of any employee-employer relationship, including any kind of unjust discrimination and any matter or condition affecting his, her or their health and safety, adjustment shall be determined sought as a dispute between a bargaining unit member and/or the Federation and the Board over the interpretation or application of, the terms of this negotiated agreementfollows:
1. Grievances shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she It shall first discuss promptly be the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, within seven (7) working days responsibility of the date on which the food service employee could reasonably have known or group of the occurrence employees to seek relief from his, her or their immediate superior in charge of the event giving rise to the alleged grievance.
C. Ifhis, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director her or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c)their work position. The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance form. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limitAt this stage, the grievance shall can be submitted to the Superintendent/designee within seven (7) working days of the disposition orally or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may can be submitted by the Federation, to arbitration before an impartial arbitrator in writing. The grievance must be presented within thirty (30) working days from the date the Union or the individual grievant become aware of the date alleged incident, whichever occurs later.
2. If such grievance is not resolved to the satisfaction of the disposition at STEP IIemployee or group of employees, the problem shall be put into writing by the individual or group, and together with an assigned wage and grievance committee member, presented to the expiration Officer in Charge of the time limithis, her or their shift.
3. If the parties cangrievance is still not agree as to the arbitrator within five resolved after a period of seven (57) working days from the notification date that arbitration will be pursueddays, the arbitrator shall be selected from a list submitted by the Federal Mediation Wage and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award Grievance Committee of the arbitrator Lodge shall be final and bindingmeet with the Chief of Police to settle the grievance.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit4. If the decision issued by the arbitrator is not the one requested by either partyaggrieved police officer shall have found no satisfaction after seven (7) days, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from presented to the personnel files City’s Board of Public Works and Safety for determination and settlement; if the matter is not settled by the Board of Public Works and Safety within fourteen (14) days to the satisfaction of the participantsaggrieved police officer, the issue or complaint may be submitted to arbitration in accordance with the terms and conditions set forth under this contract for arbitration.
G. 5. The police officer may be represented by legal counsel only before the Board of Public Works and Safety and hearing before the arbitrator.
6. Nothing in this Article shall require prevent a police officer from processing his/her own grievance without the Federation to process grievances for employees who are not members assistance of the FederationLodge.
7. When it has been determined according to this collective bargaining agreement that an officer was incorrectly passed over for an extra duty assignment the following shall apply:
a. The aggrieved officer will be given thirty (30) calendar days, beginning the date the when it was determined the officer was aggrieved, to work the number of hours erroneously not awarded.
b. The aggrieved officer has the right to choose the hours of make-up overtime.
c. The aggrieved officer shall be paid at the prevailing hourly rate for which the officer would have been paid had he/she been correctly awarded the overtime. The officer may not be awarded a random day, time owed, or vacation time, nor may the officer do a time exchange as compensation for the make-up overtime.
d. The aggrieved officer shall give the City a minimum of twenty-four
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. A. For 11.01 A grievance shall be defined as any difference arising out of the interpretation, application, administration, or alleged violation of this Agreement. There shall be no discrimination, harassment or coercion of any kind against any Employee who elects to use these procedures. Probationary Employees shall have the right to grieve in all cases except the Employee’s discharge. A working day, for the purposes of this article, is defined as being a Monday, Tuesday, Wednesday, Thursday, or Friday, except when any of these days is a general holiday.
11.02 In order to provide an orderly, speedy procedure for settling of grievances, the University acknowledges the participation of the Union Stewards and the Union Grievance Committee. A ▇▇▇▇▇▇▇ may assist any Employee whom the ▇▇▇▇▇▇▇ represents in preparing and presenting her/his grievance in accordance with the Grievance Procedure.
11.03 The University agrees that Stewards shall not be hindered, coerced, restrained, or interfered with in any way in the performance of their duties while investigating disputes and presenting adjustments as provided in this Article. The Union recognizes that Stewards are employed full-time by the University and that they will not leave their work during the working hours except to perform their duties under this Agreement. Therefore, a no Stewards shall leave their work without obtaining the permission of the Department Head/Supervisor. Such permission will not be unreasonably denied. Time spent in processing steps of the grievance during work hours shall be determined as a dispute between a bargaining unit member and/or the Federation considered time worked.
11.04 Copies of all grievance and replies thereto are to be sent to Human Resources and the Board over the interpretation or application of, the terms of this negotiated agreement. Grievances shall be processed through the procedure outlined belowChief Shop ▇▇▇▇▇▇▇.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefersStep 1 The Employee, accompanied by a Federation representativeher/his ▇▇▇▇▇▇▇, shall within seven (7) working days of after the date on which the food service employee could reasonably have known of the occurrence of the event circumstances giving rise to the alleged grievance.
C. Ifgrievance have arisen, as a result of the informal discussion present their complaint in writing to their Department Head/Supervisor. In consultation with the immediate supervisorHuman Resources, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth her/his Department Head/Supervisor shall reply in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known writing to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance form. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within ▇▇▇▇▇▇▇ within seven (7) working days of receipt of the grievance. If the reply at Step 1 is unsatisfactory, the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort grievance may be submitted to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing Step 2 within seven (7) working days after such meetingfrom receipt of the reply.
Step 2 In an Academic department this step will be dealt with by the appropriate ▇▇▇▇ or University Librarian in consultation with Human Resources. In an Administrative department, and this step will be dealt with by the appropriate Manager, Director, Associate Vice-President, or Vice-President, in consultation with Human Resources. Step 2 shall furnish a copy thereof commence from presentation of the written grievance to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievanceappropriate ▇▇▇▇, Head or if no disposition has been made within the specified time limitDirector, the grievance etc. A decision shall be submitted rendered in writing to the Superintendent/designee ▇▇▇▇▇▇▇ within seven (7) working days from receipt of the disposition or expiration of grievance. If the time limit. Within seven (7) working daysreply at Step 2 is unsatisfactory, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing may be submitted to Step 3 within seven (7) working days from receipt of such a meeting and the reply. Step 3 shall furnish a copy thereof commence from presentation of the written grievance to Human Resources. A decision shall be rendered in writing to the Federation.
A. ▇▇▇▇▇▇▇ within six (6) working days from receipt of the grievance. If the grievant and/or Federation reply at Step 3 is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limitunsatisfactory, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator Step 4 within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and binding.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.six
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. A. For purposes 7.01 A grievance is an allegation, in writing, by an employee, or by a Party to this Agreement, that there has been a violation in the interpretation, application, of this Article, a grievance shall be determined as a dispute between a bargaining unit member and/or the Federation and the Board over the interpretation or application of, the terms of this negotiated agreementAgreement.
7.02 An employee grievance does not exist until the employee affected has first discussed her complaint with her Supervisor and given the Supervisor an opportunity to adjust the complaint. Grievances An ▇▇▇▇▇▇▇ effort shall be processed through made to settle grievances fairly and promptly in the procedure outlined below.following manner:
B. In a) If the event that matter is not resolved as a food service result of the initial discussion, the affected employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representativemay, within seven a period of five (75) working days of the date on which the food service employee could reasonably have known of the actual occurrence of the event giving which gives rise to the alleged grievance.
C. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal submit her grievance procedure may, at the option of the grievant, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known writing to the employee, pursuant Supervisor by handing such written grievance to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance formSupervisor. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (7) working days of receipt Supervisor of the grievanceprogram is not available, the immediate supervisor Grievance will be given to another Supervisor, the Executive director or a member of the Administration staff. A written grievance shall be as set out in 7.07.
b) The Supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator grievor within five (5) working days from of the notification submission. The employee may request the assistance of a ▇▇▇▇▇▇▇.
c) The decision of the Supervisor shall be given in writing within five (5) working days of the meeting.
a) If the employee is not satisfied with the result of Step 1, she may within five (5) working days of date that arbitration of the reply, submit the grievance by physically handing it to the Executive Director or sending it by registered mail to the Executive Director
b) The Executive Director will meet with the grievor and a ▇▇▇▇▇▇▇.
c) The decision of the Executive Director will be pursuedgiven in writing within five (5) working days following the meeting.
7.03 a) A written grievance may be originated by; the Employer, or the arbitrator shall be selected from a list submitted Union, provided the issue is not one which could have been grieved by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedingsan individual employee. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and binding.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from in accordance with 7.07 and must be exchanged between the personnel files Executive Director and a ▇▇▇▇▇▇▇, within five (5) working days of the participantscircumstances which gave rise to it.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. A. For purposes Should any difference arise between the Company and any of its employees as to the interpretation, application, administration, or alleged violation of this ArticleAgreement, a grievance an ▇▇▇▇▇▇▇ effort shall be determined as a dispute between a bargaining unit member and/or made to settle such differences with- out undue delay in the Federation and the Board over the interpretation or application of, the terms of this negotiated agreement. Grievances shall be processed through the procedure outlined below.
B. In the event that a food service following manner: The aggrieved employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, assistance of his Shop ▇▇▇▇▇▇▇ shall submit his grievance in writing to his fore- man in the shop within seven (7) three working days of the date on which the food service employee could reasonably have known of the occurrence of the event occur- rence giving rise to the alleged grievance.
C. If, as a result of the informal discussion with the immediate supervisor, an alleged . No grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may considered valid which has not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c)submitted within such three days. The employee shall and the Shop ▇▇▇▇▇▇▇ may have the right assistance of the Business Representative of the Union. If within three working days from the time the grievance was first submitted to respond the ▇▇▇▇▇▇▇ a decision satisfactory to the employee is not given, it shall be presented in writ- ing to the Plant Manager or his representative within three additional working days, who shall meet with the Union Representative in an attempt to resolve the differences and render a written decision within seven working days. A Union policy grievance which is defined as an alleged violation of this Agreement involving all or a substantial number of employees in the Bargaining Unit or a grievance involving the Union itself relating to the application or in- terpretation of this Agreement, may be brought forward in writing at Step of the Grievance Procedure at any item(s) to be placed in his/her personnel file and to have time within five full working days after the response attached circumstances giv- ing rise to such item. The employee’s signature shall indicate only that he/she has read the item Policy Grievance occurred, and shall if it is not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance form. If the grievance involves more than one school buildingsettled at this stage, it may be filed with submitted to a Board of Ar- bitration in the Superintendent/designeesame manner as a grievance of an employee. Within seven (7) If settlement is not reached in Step within said five working days a Joint Conference Board meeting shall be convened and a written decision rendered within five work- ing days. The Joint Conference Board shall be comprised of receipt Two Union Representatives appointed by the Local Un- ion and Two Representatives appointed by The find- ings of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator Joint Conference Board shall be final and bindingbind- ing on both parties.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Sources: Fabrication Agreement
Grievance Procedures. A. 20.1 For purposes the purpose of this ArticleAgreement, a grievance shall be determined is defined as a dispute between about the meaning or interpretation of a bargaining unit member and/or the Federation and the Board over the interpretation or application of, the terms particular clause of this negotiated agreement. Grievances Agreement, or an alleged violation of this Agreement, or of the laws governing the relationship between the City and employee or unlawful supervisorial action which reasonably could be interpreted to endanger the job of an employee or the benefits arising there from.
20.2 Any dispute which arises between the parties during the term of this Agreement shall be processed through handled as follows:
STEP 1 The ▇▇▇▇▇▇▇ shall, on behalf of the procedure outlined below.
B. In aggrieved party, present the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly grievance in writing to the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, Superintendent within seven ten (710) working days of its occurrence, not including the date on day of occurrence or the day upon which the food service employee could reasonably have known became aware of the occurrence of the event giving rise to the alleged grievance.
C. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form occurrence. The dispute shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance form. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance discussed by the Superintendent/designee, or if no disposition has been made within ▇▇▇▇▇▇▇, and the specified time limit, the grievance may be submitted by the Federation, Employee. The Superintendent shall make every effort to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator reach a satisfactory conclusion within five (5) working days.
STEP 2 If no agreement is reached at Step 1, the employee, groups of employees, or Shop ▇▇▇▇▇▇▇ shall present their grievance, in writing, to the Director within ten (10) working days of the response to Step 1. This grievance is to be signed by the grievant. Copies of the written grievance shall also be submitted to the City Manager and the Union Business Manager setting forth:
(a) the nature of the grievance and the circumstances from which it arose,
(b) remedy or correction the City or Union requested to make, and
(c) the Section or Sections of the Agreement, if any, relied upon or claimed to have been violated. The City and the Union shall endeavor wherever practicable to settle any grievance at this point, such “Settlement Agreement” to be signed by both parties and copies thereof to be furnished to the City Manager and the Union Business Manager. If, however, the employee and the Director do not settle such grievance directly within ten (10) working days after its presentation by the employee, then steps hereafter shall apply. Time frames herein may be extended by mutual agreement.
STEP 3 If no agreement is reached as provided in Step 2, the Union Business Manager or their authorized representative shall submit the grievance, in writing, to the City’s authorized representative or representatives within ten (10) working days from the notification date that arbitration will response at Step 2. The Union and the City shall meet to consider the grievance and may call and present witnesses to testify at such meeting and each shall pay all costs of the appearance of any witnesses so called by it. The time frames herein may be pursuedextended by mutual agreement.
20.3 If no agreement is reached through the process outlined in Step 3, an arbitrator may be selected at the request of either party to arbitrate the particular grievance. The arbitrator shall be selected jointly by the City and the Union and is to be chosen from a list submitted of five (5) arbitrators residing in Oregon supplied by either the Public Employee Relations Board, State of Oregon, or the Office of the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rulesService, which rules shall likewise govern the arbitration proceedingsby lot or mutual agreement. The City and the Union shall each alternatively strike from this list, one (1) name at a time, until only one (1) name remains on the list.
20.4 During the process of the grievance procedure, there shall be no strike or lockout. The arbitrator shall interpret this Agreement, determine if it has been violated, and determine awards, restitution, and corrective action. The arbitrator shall pass on the admissibility of the evidence. Each of the parties hereto shall provide all books, records, documents, or any other material which, in the opinion of the arbitrator, is relevant to the issue in dispute. The arbitrator’s decision shall be final and binding on both parties, but the arbitrator shall have no power to alter, modify, amend, add to, to or subtract detract from the terms of this Agreement. The Superintendent/designee and Neither party to the Federation dispute shall not be permitted seek judicial review. Should either party fail to assert in such arbitration proceedings any ground promptly proceed with the steps of this grievance procedure or rely on any evidence not previously disclosed. Both parties agree that fail or refuse to abide by the award of the arbitrator shall be final and binding.
B. If the arbitrator sustains the position of the grievant, the fees and expenses decision of the arbitrator, including AAA filing fees, the other party shall be paid by the Boardfree to take whatever action it deems necessary. However, if The fee of the arbitrator sustains the Board's position, all fees and their incidental expenses shall be paid borne equally by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses costs of presenting its own case to incurand in arbitration.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. A. For purposes of this Article, a grievance shall be determined as a dispute between a bargaining unit member and/or the Federation and the Board BoardDistrict over the interpretation or application of, the terms of this negotiated agreementaAgreement. Grievances shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, within seven (7) working days of the date on which the food service employee could reasonably have known of the occurrence of the event giving rise to the alleged grievance.
C. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance form. If the grievance involves more than one (1) school building, it may be filed with the Superintendent/designeedesigneeEmployee & Labor Relations Department. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee designeeEmployee & Labor Relations Department within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee designeeEmployee & Labor Relations Department shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designeedesigneeEmployee & Labor Relations Department, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service (FMCS) and/or the American Arbitration Association (AAA) in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and binding.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA or FMCS filing fees, shall be paid by the BoardBoardDistrict. However, if the arbitrator sustains the Board's Board’sDistrict’s position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the thethis Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee designeeEmployee & Labor Relations Department shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to disciplinedisciplinecorrective action, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. A. For purposes It is the mutual desire of the parties hereto that complaints and grievances of employees, the Union and the Commission shall be adjusted as quickly as possible, and the following procedures shall apply to all such complaints or grievances. Any difference concerning the interpretation, application, admini- stration or alleged violation of the provisions of this Article, Agreement shall be a proper matter for the Grievance Procedure outlined below. It is understood that a complaint does not become a grievance until the employee has first given the supervisory force an opportunity to adjust the complaint.
Step 1. If any one or more employees (herein referred to as the Grievor) shall be determined as have a dispute between a bargaining unit member and/or grievance against the Federation and the Board over the interpretation or application ofCommission, the terms of this negotiated agreement. Grievances shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representativeGrievor may, within seven (7) working 16 calendar days after the Grievor has become aware of the date on which the food service employee could reasonably have known of the occurrence of the event facts giving rise to the alleged grievancecomplaint have arisen, submit the complaint, orally, to the immediate Foreperson, Supervisor or Superintendent. The Grievor may at any time be accompanied or represented by a Union Representative and the parties shall attempt to resolve the matter.
C. IfStep 2. If the matter cannot be resolved at Step 1, or if a solution satisfac- tory to the Grievor is not reached within 12 calendar days following such submission, then the Union may submit the complaint as a result grievance, in writing or orally, to the Department Head of the informal discussion with De- partment in which the immediate supervisor, an alleged grievance still exists, Grievor works or the following formal grievance procedure may, at designated representative of such Department Head. At this step either party may require the option attendance of the grievantGrievor, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed provided that any statements made by the grievant and a representative of Grievor or the Federation, which form Commission representatives shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items presumed to have been made without preju- dice and may not be placed in an employee’s official personnel file unless the item has been made known referred to at Arbitration. The Department Head or designated representative shall reply to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhaustedwithin 12 calendar days of submission thereof.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance formStep 3. If the grievance involves more than one school buildingreply from the General Superintendant or designated repre- sentative is unsatisfactory to the Union, it may be filed with the Superintendent/designee. Within seven (7) working Union may, within 12 calendar days of from the receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative reply in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievanceStep 2, or if no disposition has been made reply is received, within 12 calendar days from the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limitperiod limited for such reply, submit an appeal in writing to the Manager- Human Resources or designated representative. Within seven The Deputy General Manager(s) in the Operations Branch will conduct the Appeal for Operations Branch employees (7including Wheel Trans) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance reply in writing within seven (7) working days 12 calendar days. Should either Deputy General Manager not be available, the Man- ager-Human Resources or designated representative shall conduct the grievance. All other grievances shall be dealt by the Manager-Human Re- sources or designated representative in accordance with the above provisions. At this hearing, either party may require the attendance of the Grievor, provided that any statements made by the Grievor or the Commission representatives shall be presumed to have been made without prejudice and may not be referred to at Arbitration. If such a meeting and shall furnish a copy thereof reply is not satisfactory to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designeeUnion, or if no disposition has been made reply is re- ceived, either party may, within five (5) calendar days, submit the specified time limitmatter to Grievance Mediation, the grievance may be submitted by the Federationor may, to arbitration before an impartial arbitrator within thirty (30) working days of calendar days, submit the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree matter to Arbitration as to the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and bindinghereinafter provided.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. A. For purposes The purpose of this procedure is to secure, at the lowest possible level, mutually satisfactory resolutions to grievances which may arise during the term of this Agreement and are subject to resolution under this Agreement. This is the sole and exclusive remedy available to an Employee for alleged violations of the collective bargaining agreement.
B. A grievance is defined as a charge by either party to this Agreement that the other has violated this Agreement.
C. A "grievant" may be any bargaining unit Employee, group of Employees, the Union, or CYFD. Grievances filed on behalf of a group of Employees must be accompanied by documentation demonstrating that notice has been given to each member of the group on whose behalf the grievance is being filed.
D. As used in this Article, -days" shall mean workdays (Monday through Friday) and shall not include holidays or times when CYFD Administrative Offices are closed.
E. A written grievance must contain the following:
1. A statement of the grievance;
2. The name(s) of the Employee(s) and the Employee(s) worksite;
3. The name, address, and telephone number of the union representative, if any;
4. The individual, if applicable, alleged to have committed the violation;
5. The circumstances and facts upon which the grievance is based;
6. The date of the alleged violation;
7. The specific Article and Section of this Agreement allegedly violated; and,
8. The specific remedy being sought;
9. The grievance must be signed and dated by the Employee(s) and/or union representative, if applicable. AGREEMENT BETWEEN THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AND CHILDREN, YOUTH AND FAMILIES DEPARTMENT 20 The grievance must contain all of the above information. Any modification or amendment to a grievance during the grievance/arbitration process to add additional Articles and/or Sections allegedly violated or requested relief must be filed timely as a separate grievance.
F. The term -grievance- and the procedure relevant thereto shall not be deemed applicable to the following instances:
1. In matters where a method or review is mandated by law or by any rule, regulation, resolution. or bylaw of CYFD.
2. In matters where CYFD is without authority to act;
3. Evaluations, growth plans, and/or development plans; and,
4. Whether or not an investigation is conducted.
G. Grievances submitted on behalf of CYFD shall be determined as a dispute between a bargaining unit member and/or initiated by the Federation and Superintendent of Education or designee by filing the Board over the interpretation or application of, the terms of this negotiated agreement. Grievances shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally orUnion President or designee, if he/she prefers, accompanied by beginning at Step Three. CYFD shall follow the process as outlined below beginning at Step Three.
H. Failure to submit a Federation representative, grievance within seven twenty (720) working days of following the date on which the food service employee could reasonably grievant knew or should have known of the occurrence of act or the event giving condition which gave rise to the alleged grievance.
C. If, as a result will constitute forfeiture of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contentsa grievance. In the event a addition, failure to appeal any grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit determination to the immediate supervisor, a copy of the grievance form. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made next level within the specified time limit, limits will render the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limitclosed. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation When it is not satisfied with the disposition of the grievance mutually agreed by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and binding.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meetingwriting, the time limits expressed herein may be extended. A grievance may be withdrawn at any step of this procedure by the grievant. Grievances will be considered filed at each step based on the date received by CYFD or designee. •
I. Should CYFD or designee fail to respond to a grievance within the time limits expressed herein, the Union/grievant may appeal to the next level of the grievance procedure within the time limits set forth as if CYFD or designee had timely responded. Non-response from CYFD or designee at any step of the grievance procedure will be considered a denial of the grievance.
J. Nothing herein contained shall be extended considered as limiting the rights of an Employee to such time that such person(s) can discuss or process their grievance as an individual as long as the Union is provided the opportunity to be present. When such present at any grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, make its views known on grievances filed by an individual. CYFD and the Employee cannot enter into an agreement that modifies or changes the collective bargaining agreement without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions agreement of the Agreement.
F. All food service employees will be entitled to fairUnion. AGREEMENT BETWEEN THE AMERICAN FEDERATION OF STATE, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to disciplineCOUNTY AND MUNICIPAL EMPLOYEES AND CHILDREN, reprimandYOUTH AND FAMILIES DEPARTMENT 21 AGREEMENT BETWEEN THE AMERICAN FEDERATION OF STATE, warning or reprisal because of such participation or intention. All documentsCOUNTY AND MUNICIPAL EMPLOYEES AND CHILDREN, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.YOUTH AND FAMILIES DEPARTMENT 22
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. A. For purposes of this Article, a A grievance shall be determined processed pursuant to the following:
Step 1: Within five (5) University Days after the occurrence of an event upon which a grievance is based, an employee having a grievance and/or a Union ▇▇▇▇▇▇▇ shall submit the grievance, in writing, to the Director of Public Safety or such other individual as may in the future be designated in a dispute between a bargaining unit member and/or written notice by the Federation University to the Union to act on behalf of the University, stating precisely the character of the grievance, the section or sections of this agreement allegedly violated, and the Board over remedy sought. The Director of Public Safety or the interpretation University’s designee shall respond, in writing, to the grievance within five (5) University Days after submission of the grievance. Failure of the Director of Public Safety or application ofthe designee to furnish a written response within five (5) University Days will be deemed a denial. If the Union is not satisfied with the response, the terms grievance may be appealed in writing to Step 2 within five (5) University Days after receipt of this negotiated agreement. Grievances shall be processed through the procedure outlined below.
B. In response, or if no written response is furnished by the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representativeUniversity, within seven five (75) working days of University Days from the date on which the food service employee could reasonably have known of the occurrence of the event giving rise to the alleged grievanceUniversity’s written response was due.
C. If, as a result of Step 2: A conference will be held between the informal discussion with employee submitting the immediate supervisor, an alleged grievance still existsgrievance, the following formal grievance procedure mayUnion ▇▇▇▇▇▇▇, at a Union representative, the option Director of Public Safety or his/her designee, and the grievantDirector of Human Resources or his/her designee, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a any other representative of the FederationUniversity that it so designates, which form within fifteen (15) University Days of receipt of the appeal. The University's decision on the Step 2 appeal shall be available from due, in writing, within ten (10) University Days after the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c)conference is held. The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy Failure of the grievance formUniversity to furnish a written response within the ten (10) days period will be deemed a denial. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and binding.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.remains
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. A. For purposes Section 1. A grievance is defined as a complaint arising out of alleged violations concerning the application of interpretation or compliance with the provisions of this Articleagreement.
Section 2. An employee covered by this Agreement shall present their complaint in the following manner: Informal Step. The employee is encouraged to approach the department management in an informal manner in an attempt to solve the problem.
Step 1. The employee is directed to present their complaint to the union membership who will, by majority vote, determine initial support of the grievance. If the complaint, as viewed by the Union, is found to be valid, the Union Grievance Representative shall present the written grievance to the Chief of the Department. After the vote, an employee is not precluded from filing a Step 1 grievance to the City if otherwise not filed by the Union. The grievance shall be determined as a dispute between a bargaining unit member and/or contain the Federation provision of the agreement alleged to have been violated and the Board over the interpretation or application of, the terms of this negotiated agreementremedy requested. Grievances shall It must be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, filed within seven fifteen (715) working calendar days of the date on which the food service employee could reasonably have known of the occurrence of the event facts giving rise to the alleged grievance or the time that the employee reasonably should have known about the facts.
Step 2. The Fire Chief or designee shall, within ten (10) working days, give an answer in writing to the grievance.
C. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still existsStep 3. Failing satisfactory settlement, the following formal grievance procedure mayshall, at the option of the grievant, be invoked through the Federation within seven three (73) working days from the time of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative Fire Chief’s or designee’s answer (failure of the FederationFire Chief or designee to answer within the time allowed shall automatically put the grievance in this step), which form be referred to the Union Grievance Committee composed of three union members and be served upon the City Manager, who shall discuss the matter with the grievance committee of the Union duly authorized to discuss grievances at this level and an ▇▇▇▇▇▇▇ attempt shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known by both parties to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance form. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve settle the grievance. The immediate supervisor shall indicate the disposition of the grievance City Manager will respond in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and bindingGrievance Committee meeting.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Sources: Labor Contract
Grievance Procedures. A. Section 14.1 For purposes the purpose of this ArticleAgreement, a grievance is defined as a dispute, claim, or complaint as to the interpretation, application, or alleged violation of some express provision(s) of this Agreement, or applicable rules which are subject to the grievance procedure, including any dispute or difference of opinion with respect to interpretation and application of the no-strike provision of this Agreement. Grievances are limited to events occurring under and during the term of this Agreement, or any extension thereof. The purpose of this grievance procedure is to provide an orderly means for resolution of questions concerning the application of this Agreement without interruption of work or harm to the Company's business.
Section 14.2 The following procedure shall be determined utilized as a dispute between means to seek adjustment of and settle grievances:
Step 1. A grievance must be submitted in writing to the employee's Supervisor, signed by each employee(s) involved or a bargaining unit member and/or Union representative on behalf of the Federation and employee(s), not later than twenty (20) calendar days after the Board over date of the interpretation occurrence or application ofevent which caused the grievance. The shift Supervisor will provide his answer to the grievance with copy to the Local Chairman within twenty (20) calendar days of its presentation to him.
Step 2. If the matter is not resolved in Step 1 above, the terms of this negotiated agreement. Grievances shall be processed through employee(s) (or Local Chairman) shall, if he elects to further pursue the procedure outlined below.
B. In matter, conference the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, designated Human Resources officer not later than thirty (30) calendar days after the shift Supervisor has given his answer in Step 1. The designated Human Resources officer shall give his written response to the grievance to the employee(s) and Local Chairman within seven thirty (730) working calendar days of the date on which the food service employee could reasonably have known of the occurrence of the event giving rise its presentation to the alleged grievancehim in this Step 2 conference.
C. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance formStep 3. If the grievance involves more is not resolved in Step 2 above, the employee(s) or a designated representative of the Union may, appeal the grievance to the Company’s highest designated officer to handle such disputes not later than one school building, it may thirty (30) calendar days from the Step 2 answer. A Step 3 conference will be filed with the Superintendent/designee. Within seven held within thirty (730) working calendar days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievanceStep 3 appeal. The immediate supervisor highest designated officer or his designee shall indicate give a written response to the disposition grievance to the employee(s) and the designated representative of the grievance Union within thirty (30) calendar days of its presentation to him in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federationthis Step 3 conference.
STEP II If Section 14.3 Absent a conflict in working schedules of the grievant and/or Federation is not satisfied with local Committeeman and the disposition aggrieved employee, grievances shall be taken up during non-working time of the aggrieved employee.
Section 14.4 All grievances must be reduced to writing and must contain the following information:
a. The Article(s) and Section(s) of the Agreement or applicable rule(s) alleged to have been violated. Only those rules or provisions specifically listed in this Agreement or any written signed addenda hereto will be considered.
b. A complete statement of the grievance, giving facts, dates, and the times of events, if known, and adjustment desired; and
c. Signature of aggrieved employee(s) or a Union representative on behalf of the employee(s) and date signed. Failure to abide by the provisions of this Section and Subsections shall render the grievance null and void.
Section 14.5 The time limits of the grievance procedure may not be waived except by mutual agreement. Any waivers granted by the Company will not limit the right of the Company to insist on strict conformance with all applicable time limits with respect to subsequent steps in the grievance process and any subsequent grievances.
Section 14.6 Nothing in this provision precludes an individual employee from presenting and progressing his own grievance, provided that if no disposition has been made such grievance is presented by the individual for arbitration, the employee, not the Union, shall bear his own expenses. Any decision rendered as a result of arbitration presented by individual employee(s), without the written support and involvement of the Union, shall not serve as precedent for future grievances.
Section 14.7 Unless specifically provided otherwise, all rights accruing under this Agreement shall expire upon its termination.
Section 14.8 If the Union, or an individual acting on his own behalf under Section 14.6, fails to process a grievance within the specified time limitlimitations set forth in this Article, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance closed by the Superintendent/designee, or if no disposition has been made within decision rendered at the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limitprevious step. If the parties cannot agree as Company fails to reply to a grievance within the arbitrator within five (5) working days from the notification date that arbitration will be pursuedtime limitations set forth in this Article, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and binding.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid resolution requested by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incurgranted.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. A. For purposes Should any differences arise between the Authority and the Union, or Union members employed by the Authority, as to the terms and conditions of this Articlecontract or a violation thereof, a grievance there shall be determined as a dispute between a bargaining unit member and/or no suspension of work on account of such differences, but an ▇▇▇▇▇▇▇ effort shall be made to settle such differences immediately through the Federation and following procedure in the Board over order specified. Grievances filed through this procedure may only be filed by the interpretation Union or application ofits representatives.
Step 1 Within three working days after the occurrence of the act giving rise to the grievance, the terms of this negotiated agreement. Grievances shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first must discuss promptly the alleged grievance directly with his immediate supervisor in the presence of his shop ▇▇▇▇▇▇▇. If no satisfactory disposition of the matter is reached, then the matter may be submitted to Step 2.
Step 2 Within five working days after the occurrence of the action being grieved, the grievance must be reduced to writing and presented by the Union to the Department Head or his designee. Step 2 meeting is in discretion of Department Director. Failure to submit a written grievance within said five-day period shall be deemed to constitute a waiver of the grievance. If no satisfactory disposition of the grievance is reached at this Step within 10 working days of such submission, the matter may then be submitted to Step 3.
Step 3 Within seven working days after the decision of the Department Head under Step 2 has been received, if the employee is unsatisfied with the immediate supervisor either personally orresults, if he/she prefersthe grievance must be submitted to the Executive Director. Within ten working days of such submission, accompanied by the Executive Director shall meet with the employee and the Chief ▇▇▇▇▇▇▇ and/or Union Delegate regarding the grievance. The Executive Director shall render a Federation representative, decision within seven (7) fifteen working days of such meeting.
Step 4 Within five working days of the date on which Executive Director's decision in Step 3, either side may submit a written request to the food service employee could reasonably have known other that the dispute be referred to an impartial arbitrator to be appointed by mutual agreement of the occurrence parties. If the parties are unable to agree upon such request, then, on application of either party, the event giving rise New Jersey Public Employment Relations Commission shall be requested to designate a panel of arbitrators in accordance with N.J.S.A. 19:12-5.1. Any impartial arbitrator designated hereunder, to whom any grievance or dispute shall be submitted in accordance with the provisions of this Agreement, shall have jurisdiction and authority only to apply and interpret the provisions of this Agreement. The arbitrator shall limit himself to the alleged grievance.
C. If, as a result of issues submitted to him and shall consider nothing else. The arbitrator shall not add anything to nor subtract anything from the informal discussion with the immediate supervisor, parties' Collective Negotiations Agreement. The arbitrator shall only have jurisdiction to rule on grievances which pertain to an alleged grievance still exists, the following formal grievance procedure may, at the option violation of the grievant, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance formthis Agreement. If the grievance involves more than one school buildingdoes not allege a violation of this Agreement, it the Union may not request the appointment of an arbitrator. The decision of the arbitrator on any matter within his jurisdiction shall be filed with final and binding upon the Superintendent/designeeparties. Within seven (7) working days The expense and fees of the arbitrator shall be shared equally by both parties. Any grievance shall be considered as settled on the basis of the last answer of the Authority if not appealed to the next Step or to arbitration within the time limitations set forth herein. Time is of the essence. The disposition of any grievance at any Step of the grievance procedure, prior to actual receipt of the decision of the arbitrator, by agreement between the Authority and the Union, shall be final and binding upon the employee, employees, or persons who are involved or affected thereby. Any interpretation of this Agreement agreed upon by the Authority and Union shall be final and binding upon all employees and upon any person affected thereby. If the Authority does not respond to a grievance within the time period set forth in the grievance procedure and the Union wishes to pursue the grievance, the immediate supervisor Union shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of advance the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition next Step at STEP II, or the expiration of the time limit. If period provided for the parties cannot agree as Authority to respond to the arbitrator within five (5) working days from grievance. The time frames set forth in the notification date that arbitration grievance procedure will be pursued, the arbitrator shall be selected from extended as a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms result of this Agreement. The Superintendentutilization of vacation/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and bindingsick time.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. A. 9.01 For purposes the purpose of this ArticleAgreement, a grievance shall be determined is defined as a dispute between a bargaining unit member and/or arising out of the Federation and the Board over the interpretation interpretation, application, administration or application of, the terms alleged violation of this negotiated agreement. Grievances Agreement, and shall be processed through dealt with in accordance with the procedure outlined below.following grievance procedure:
B. In the event that Step 1 An employee who has a food service employee believes there is a basis for a grievance, he/she grievance shall first discuss promptly the alleged grievance with the present same verbally to his immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, within seven ten (710) working days of the date on occurrence, which the food service employee could reasonably have known of the occurrence of the event giving has given rise to the alleged grievance. He may do this with or without his Union ▇▇▇▇▇▇▇.
C. If, as a result of Step 2 If the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation is not satisfactorily settled within seven three (73) working days of the informal discussiondays, on the form set forth in annexed Appendix Aa written grievance, signed by the grievant and a representative of employee describing the Federationspecific problem, which form shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in presented to his immediate supervisor within an employee’s official personnel file unless the item has been made known additional three (3) working days. The immediate supervisor will render his decision to the employee, pursuant to the methodology described Grievor in Florida Statute 231.291 writing within two (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance form. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (72) working days of receipt of the written grievance, .
Step 3 If the decision of the immediate supervisor shall meet with is not satisfactory the grievant and/or ▇▇▇▇▇▇▇ and the Federation representative Grievor shall, within three (3) working days of receipt of the decision in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of Step 2, refer the grievance in writing within seven stipulating the Article(s) of the following Agreement which is (7are) working days after such meetingclaimed to have been violated, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limitDepartment Manager. Within seven (7) working days, the Superintendent/designee shall The Department Manager will meet with the grievant and/or Federation representative ▇▇▇▇▇▇▇ and shall indicate the disposition of Grievor to discuss the grievance and will render his decision in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator ▇▇▇▇▇▇▇ within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award after receipt of the arbitrator shall be final and bindinggrievance.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. Step 4 If the decision issued by of the arbitrator Department Manager is not satisfactory, the one requested Union Grievance Committee shall, within four (4) working days of receipt of the decision of the Department Manager, refer the grievance in writing to the President. The President will meet with the Union Grievance Committee and Grievor(s) to discuss the grievance, and will render his decision in writing to the Grievance Committee within ten (10) working days after receipt of the grievance.
9.02 A grievance arising directly between the parties involving the interpretation or alleged violation of this Agreement may be submitted in writing by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement within thirty (30) calendar days of the partiesincident giving rise to the grievance. In the event case of a Union grievance is filed after May 15 procedure shall commence with Step 4. In the case of any year and strict adherence a Company grievance the matter will be submitted to the time limits may result in hardship to any partyUnion and, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.failing settlement within five
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. A. For purposes The purpose of this procedure is to secure, at the lowest possible level, mutually satisfactory resolutions to grievances which may arise during the term of this Agreement and are subject to resolution under this Agreement. This is the sole and exclusive remedy available to an Employee for alleged violations of the collective bargaining agreement.
B. A grievance is defined as a charge by either party to this Agreement that the other has violated this Agreement.
C. A “grievant” may be any bargaining unit Employee, group of Employees, the Union, or CYFD. Grievances filed on behalf of a group of Employees must be accompanied by documentation demonstrating that notice has been given to each member of the group on whose behalf the grievance is being filed.
D. As used in this Article, “days” shall mean workdays (Monday through Friday) and shall not include holidays or times when CYFD Administrative Offices are closed.
E. A written grievance must contain the following:
1. A statement of the grievance;
2. The name(s) of the Employee(s) and the Employee(s) worksite;
3. The name, address, and telephone number of the union representative, if any;
4. The individual, if applicable, alleged to have committed the violation;
5. The circumstances and facts upon which the grievance is based;
6. The date of the alleged violation;
7. The specific Article and Section of this Agreement allegedly violated; and,
8. The specific remedy being sought;
9. The grievance must be signed and dated by the Employee(s) and/or union representative, if applicable.
F. The term “grievance” and the procedure relevant thereto shall not be deemed applicable to the following instances:
1. In matters where a grievance method or review is mandated by law or by any rule, regulation, resolution. or bylaw of CYFD.
2. In matters where CYFD is without authority to act;
3. Evaluations, growth plans, and/or development plans; and,
4. Whether or not an investigation is conducted.
G. Grievances submitted on behalf of CYFD shall be determined as a dispute between a bargaining unit member and/or initiated by the Federation and Superintendent of Education or designee by filing the Board over the interpretation or application of, the terms of this negotiated agreement. Grievances shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally orUnion President or designee, if he/she prefers, accompanied by beginning at Step Three. CYFD shall follow the process as outlined below beginning at Step Three.
H. Failure to submit a Federation representative, grievance within seven twenty (720) working days of following the date on which the food service employee could reasonably grievant knew or should have known of the occurrence of act or the event giving condition which gave rise to the alleged grievance, will constitute forfeiture of the right to file a grievance. In addition, failure to appeal any grievance determination to the next level within the specified time limits will render the grievance closed. When it is mutually agreed by the parties in writing, the time limits expressed herein may be extended. A grievance may be withdrawn at any step of this procedure by the grievant. Grievances will be considered filed at each step based on the date received by CYFD or designee. ·
I. Should CYFD or designee fail to respond to a grievance within the time limits expressed herein, the Union/grievant may appeal to the next level of the grievance procedure within the time limits set forth as if CYFD or designee had timely responded. Non-response from CYFD or designee at any step of the grievance procedure will be considered a denial of the grievance.
C. If, J. Nothing herein contained shall be considered as a result limiting the rights of an Employee to discuss or process their grievance as an individual as long as the Union is provided the opportunity to be present at any grievance meetings and make its views known on grievances filed by an individual. CYFD and the Employee cannot enter into an agreement that modifies or changes the collective bargaining agreement without the agreement of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form Union.
K. Grievances shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items presented as outlined below: Informal: A bargaining unit Employee who believes that they may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held encouraged to meet with the Food & Nutrition Service Director Principal, if appropriate, in a good faith attempt to resolve the grievance prior to filing a Step One. Step One: A grievant shall file a written grievance with CYFD or designee within the time limit described in an abeyance folder until subsection H above. CYFD or designee may request a meeting between the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit Employee and the Superintendent of Education or designee to discuss the immediate supervisor, a copy of the grievance formgrievance. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven CYFD or designee shall respond in writing within ten (710) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve the written grievance. The immediate supervisor shall indicate the disposition of the grievance unless an extension is mutually agreed upon in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limitparties. If the parties canmatter is not agree as resolved to the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and binding.
B. If the arbitrator sustains the position satisfaction of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Boardgrievant may file a written grievance at Step Two as outlined below. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by Step Two: Should the grievant or union decide to file at Step Two, they shall submit the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member Step Two in writing within ten (10) days of the unittime for response of the Step One grievance, to CYFD or designee. CYFD may request a meeting between the grievant and the Superintendent of Education or designee to discuss the grievance. CYFD shall respond in writing within ten (10) days of receipt of the written grievance, unless an extension is mutually agreed upon in writing by the parties. If the decision issued by the arbitrator matter is not resolved to the one requested by either partysatisfaction of the grievant, the arbitrator grievant may file a written grievance at Step Three. Step Three: Within ten (10) days of the time for response of the Step Two grievance the Union or grievant shall determine submit the distribution Step Three in writing to CYFD or designee. CYFD or designee may request a meeting between the Employee and the Cabinet Secretary or designee to discuss the grievance. CYFD shall respond in writing within fourteen (14) days of his/her fees between receipt of the written grievance, unless an extension is mutually agreed upon in writing by the parties. Each party shall be responsible for any other expense it chooses If the matter is not resolved to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement satisfaction of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any partygrievant, the Superintendent/designee shall use his/her best efforts to process such grievant may file a grievance prior to the end of the school term or as soon thereafter as possiblewritten request for Arbitration.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. A. For purposes of this Article, All grievances shall be processed in the following manner:
(a) Step 1. An employee who believes he/she has a grievance shall be determined as a dispute between a bargaining unit member and/or discuss the Federation and the Board over the interpretation or application of, the terms of this negotiated agreement. Grievances shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance matter with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, their Immediate Supervisor within seven five (75) working days of after the date on event which caused the food service grievance or within five (5) working days after the employee could reasonably have known of the occurrence learned of the event giving rise to upon which the alleged grievance.
C. If, as a result of grievance is based. If requested by the informal discussion with the immediate supervisor, an alleged grievance still existsemployee, the following formal grievance procedure may, at Union ▇▇▇▇▇▇▇ may be present. The Immediate Supervisor shall inform the option employee of the grievant, be invoked through the Federation his/her decision in writing within seven five (75) working days following the discussion of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director or designee or the Federationmatter.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1b) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance formStep 2. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limitsatisfactorily resolved at Step 1, the grievance shall be submitted submitted, in writing, to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator Health Officer within five (5) working days from date of receipt of the notification date that arbitration will last reply, or within ten (10) working days following the Step 1 discussion, whichever is earlier. The written grievance shall name the employee(s) involved, state the facts giving rise to the grievance, identify the contract Section(s) alleged to have been violated, identify the basis of the grievance, indicate the relief requested, and be pursuedsigned by the Union ▇▇▇▇▇▇▇ for the work location involved, and the affected employee(s), if available. There shall be a meeting with the Union ▇▇▇▇▇▇▇, the arbitrator grievant and the Health Officer within ten (10) working days following receipt of the written grievance by the Health Officer. The Health Officer shall reply in writing to the grievant within five (5) working days following the meeting.
(c) Step 3. If the grievance is not satisfactorily resolved at Step 2, it shall be selected from a list reduced to writing and submitted by the Federal Mediation and Conciliation Service and/or Union ▇▇▇▇▇▇▇ to the American Arbitration Association in accord with its rules, which rules shall likewise govern County Administrator/Controller or designated representative within five (5) working days following the arbitration proceedingsHealth Officer’s answer at Step 2. The arbitrator written grievance shall have no power name the employee(s) involved, state the facts giving rise to alterthe grievance, add toidentify the contract Section(s) violated, or subtract from identify the terms basis of this Agreementthe grievance, indicate the relief requested, and be signed by the Union ▇▇▇▇▇▇▇ and affected employee(s). The SuperintendentCounty Administrator/designee Controller or designated representative and the Federation Union Representative, Chief ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ and aggrieved employee(s) shall not be permitted meet to assert in such arbitration proceedings any ground discuss the grievance within fourteen (14) working days following receipt by the County Administrator/Controller or rely on any evidence not previously disclosed. Both parties agree that the award designated representative of the arbitrator grievance. The employer shall be final and binding.
B. If give a written answer to the arbitrator sustains the position Union within twenty (20) working days of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incurmeeting.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. A. For purposes A grievance is defined to be any matter involving an alleged violation of an express provision of the Agreement by the Company arising during the term of this Article, a grievance shall be determined Agreement as a dispute between a bargaining unit member and/or result of which the Federation and aggrieved associate maintains that his rights or privileges have been violated by reason of the Board over the company's interpretation or application of, of the terms provisions of this negotiated agreement. Grievances shall be processed through the procedure outlined belowAgreement.
B. A party who has filed a grievance may withdraw it without prejudice at any stage of the grievance procedure prior to commencement of a hearing before an arbitrator.
C. It is the intent of this grievance procedure to settle all disputes or complaints at the point of origin. In the event that such complaint or dispute arises during the life of this Agreement, it shall be handled in the following manner:
Step 1: An associate seeking to adjust a food service employee believes there grievance must report the grievance to his/her immediate team leader within three (3) working days; failure to do so will result in waiver of the grievance . It is expected that the associate and the immediate team leader will cooperate in a basis for a problem-solving effort to resolve the grievance at this point in the process.
Step 2: Where the grievance remains unresolved, the associate, accompanied by his/her shop ▇▇▇▇▇▇▇ or plant committee person, shall meet with his/her Team Leader within an additional five (5) working days. Problem-solving techniques will be utilized at this step.
Step 3: Where the grievance remains unresolved, such grievance shall be presented at the Plant Committee meeting. If within fifteen (15) days the Plant Committee determines to p u r s u e the grievance, it shall be reduced to writing, stating the provision(s) of the Agreement allegedly violated, and signed by the aggrieved associate, shop ▇▇▇▇▇▇▇ or committeeperson, and the team leader, and the Plant Committee may meet with the Department Manager.
Step 4: If the grievance remains unresolved at this stage a meeting between mill management represented by outside HR and the Union represented by the Union's Business Representative will be conducted within fifteen (15) workdays to resolve the grievance.
D. If no settlement is reached in Step 4 above and the Union desires to pursue the matter further, it may refer the grievance to arbitration as provided for below. If such grievance is not r e f e r r e d to arbitration with ten (10) days of the written answer provided for in Step 4, the grievance shall be considered settled on the basis of the final decision rendered to the aggrieved party.
E. Unless indicated otherwise, all time limits referred to in this Article are in calendar days and must be strictly adhered to, but may be waived by mutual agreement in writing. It is the intent of the parties that all procedures set forth herein shall be complied with as expeditiously as practicable.
F. There shall be a permanent panel of seven (7) arbitrators pre-selected and agreed upon by the Union and the Company which shall constitute the permanent panel who shall hear and decide all disputes arising under this Agreement. Arbitration shall be conducted by a single arbitrator selected by mutual agreement or in rotation from said panel.
G. The functions of the arbitrator shall be to interpret and apply the Agreement, and he/she shall first discuss promptly have no power to add to or subtract from or modify any terms of the alleged Agreement. The arbitrator shall render no award that shall be retroactive beyond the date the grievance was originally filed with the immediate supervisor either personally orCompany. Any decision by the arbitrator shall be final and binding upon the parties concerned.
H. Unless otherwise agreed to in writing, if hethe arbitration shall be convened and the matter in dispute shall be heard as soon as practicable after the arbitrator has been selected.
I. Bench decisions are preferred by the parties absent unusual circumstances. In all cases the arbitrator will be required to reduce his/she prefers, accompanied by a Federation representative, her award to writing within seven thirty (730) working days after the close of the date on which hearing and shall state the food service employee could reasonably have known reasons for reaching that award.
J. In all matters submitted to arbitration, each party to said arbitration shall bear the entire cost and expense of its own witnesses and representatives. The expenses of the occurrence arbitrator and all other expenses of the arbitration other than those incurred by each party in the presentation of its own case shall be borne equally by the parties involved.
K. Failure by either party to process or initiate a grievance according to the time limits herein provided, including mutually agreed to extension periods, shall be deemed to constitute a grievance waiver by the Union or an automatic granting of the grievance by the Company. Such waiver by the Union, or granting by the Company, shall not constitute a b i n d i n g precedent upon the parties in the event of a recurrence of a similar situation.
L. While any grievance or complaint other than suspension or discharge is being considered under the grievance procedure herein provided for, the associate or associates involved shall continue to work under the conditions that existed at the time of the event giving rise to the alleged grievance. In all such cases, other than suspension or discharge, the associate or associates involved shall continue to have all the rights and privileges provided for by this A g r e e m e n t . Any suspension or discharge shall automatically go to Step 3 of this procedure.
C. IfM. It is mutually understood and agreed that associates, as a result of the informal discussion with the immediate supervisorShop Stewards and Plant Leadership Committee members shall wait until breaks, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director lunch periods or designee before or the Federationafter shift to discuss labor matters.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance form. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and binding.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Sources: Working Agreement
Grievance Procedures. A. For purposes 9.01 A grievance is defined as a dispute arising out of interpretation, application, administration or alleged violation of this ArticleAgreement, and shall be dealt with in accordance with the following grievance procedure:
Step 1 An employee who has a grievance shall be determined as a dispute between a bargaining unit member and/or the Federation and the Board over the interpretation or application of, the terms of this negotiated agreement. Grievances shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the present same verbally to his immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, within seven (7) working days of the date on occurrence which the food service employee could reasonably have known of the occurrence of the event giving has given rise to the alleged grievance. He may do this with or without his Union ▇▇▇▇▇▇▇.
C. If, as a result of Step 2 If the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation is not satisfactorily settled within seven three (73) working days of the informal discussiondays, on the form set forth in annexed Appendix Aa written grievance, signed by the grievant and a representative of employee describing the Federationspecific reason(s) for the grievance, which form shall be available from presented to his immediate Supervisor by the Food & Nutrition Services Director or designee or ▇▇▇▇▇▇▇ and the Federation.
D. Items may not be placed in grievor within an employee’s official personnel file unless the item has been made known additional three (3) working days. The immediate Supervisor will render his decision to the employee, pursuant to the methodology described ▇▇▇▇▇▇▇ in Florida Statute 231.291 writing within two (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance form. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (72) working days of receipt of the written grievance, .
Step 3 If the decision of the immediate supervisor shall meet with is not satisfactory the grievant and/or ▇▇▇▇▇▇▇ and the Federation representative Grievor shall, within three (3) working days of receipt of the decision in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of Step 2, refer the grievance in writing within seven stipulating the Article(s) of the Collective Agreement which is (7are) working days after such meetingclaimed to have been violated, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition Director of the grievance, Community Services or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days designate. The Director of the disposition Community Services or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall designate will meet with the grievant and/or Federation representative ▇▇▇▇▇▇▇ and shall indicate the disposition of ▇▇▇▇▇▇▇ to discuss the grievance and will render his decision in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator ▇▇▇▇▇▇▇ within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award after receipt of the arbitrator shall be final and bindinggrievance.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. Step 4 If the decision issued by of the arbitrator Director of Community Services or designate is not satisfactory, the one requested Union Grievance Committee shall, within four (4) working days of receipt of the decision of the Director of Community Services, refer the grievance in writing to the Director of Human Resources. The Director of Human Resources or designate will meet with the Union Grievance Committee, and ▇▇▇▇▇▇▇(s) to discuss
9.02 A grievance arising directly between the Corporation and the Union involving the interpretation or alleged violation of this Agreement may be submitted in writing by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement within thirty (30) calendar days of the partiesincident giving rise to the grievances. In the event case of a Union grievance is filed after May 15 the grievance procedure shall commence with Step 4. In the case of any year and strict adherence a Corporation grievance the matter will be submitted to the time limits Union and, failing settlement within five (5) working days thereafter, may result in hardship be referred to any partyarbitration as hereinafter provided. It is expressly understood that the provision of Clause 9.02 may not be used to institute a complaint or grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular grievance procedure shall not thereby be by‐passed.
9.03 Failing satisfactory settlement of the grievance, after the grievance has been carried through all the applicable steps of the grievance procedure, the Superintendent/designee shall use his/her best efforts grievance may then be submitted to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of arbitration by either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time provided that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence it is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.submitted within thirty
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. A. For purposes Should any difference arise the Company and any of its employees as to the interpretation, application, adminisbation, or alleged violation of this Article, a grievance shall an ▇▇▇▇▇▇▇ be determined as a dispute between a bargaining unit member and/or made settle such differences undue delay in the Federation and the Board over the interpretation or application of, the terms of this negotiated agreement. Grievances shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance following manner: The aggrieved with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, assistance Shop ▇▇▇▇▇▇▇ shall submit his grievance in writing to his in the shop within seven (7) three working days of the date on which the food service employee could reasonably have known of the occurrence of the event giving rise to the alleged grievance.
C. If, as a result of the informal discussion with the immediate supervisor, an alleged . No grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item considered valid which has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c)within three days. The employee shall and Shop ▇▇▇▇▇▇▇ may have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy assistance of the grievance form. Business If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within five (5) three working days from the notification date that arbitration will be pursuedtime the grievance was first submitted ▇▇▇▇▇▇▇ a decision satisfactory to the employee is not given, the arbitrator it shall be selected from presented in writing to the Plant Manager within three additional working days, who shall with the Union Representative in an to resolve the differences and render written decision within seven days, A Union policy grievance which is defined as an alleged violation of this involving all a list submitted substantial number of employees in the Bargaining Unit or a grievance the Union itself relating to application or interpretation of this may be brought forward in writing at Step of the Grievance Procedure at any time within five full days after the circumstances giving rise to such Policy Grievance occurred, and if it is not settled at stage, may a Board of Arbitration in same manner as a grievance of an settlement not reached in Step within said five days a Joint Conference Board meeting shall be convened a written decision rendered within five working days. The Joint Conference Board shall comprised of Two Union Representatives appointed by the Federal Mediation Local Union and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. Two Representatives appointed by The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award findings of the arbitrator Joint Conference Board shall be final and binding.
B. binding on both parties, If Joint Conference Board unable to effect a settlement within the last mentioned five days time limit Step terms of shall be applied. If this Grievance is for delinquents, only the delinquent shall pay cost for the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Boardexpenses. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The Any time limits provided in the four steps of this Article may be by mutual agreement between the Company and Union, but not otherwise. Whenever either party to this Agreement desires to submit any grievance to arbitration, written shall be strictly observedgiven to either party within ten days after the last step in the grievance procedure formally stating the subject of the grievance and at the same time nominating an arbitrator. Within seven days after receipt of such notice, but the party shall an arbitrator, The arbitrators the two parties shall, within hours, attempt agree upon a Chairman of the Arbitration Board and failing such an agreement, the Minister of Labour for the applicable province will be requested to name such a Chairman. As soon as the Arbitration Board has been completed by the selection of a Chairman, it shall meet and hear the evidence and of both parties. It shall render a decision as as possible, the intention being that decisions shall be given within seven days after arbitration proceedings have Each of the parties hereto will bear the expenses ofthe arbitrator appointed by them and the parties will jointly bear the expenses, if any of the Chairmen of the and other incidental expenses directly by such arbitration. matter may be extended by written agreement submitted to arbitration which has been properly processed through all previous steps of the partiesgrievance procedure or as otherwise provided herein. In the event a grievance is filed after May 15 of any year and strict adherence The Arbitration Board shall not have to the time limits may result in hardship add to, alter, modify or amend this Agreement, nor shall it be authorized to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be decision inconsistent with the provisions of this Agreement. Decisions shall be final and binding on both parties. shall be understood the Agreement.
F. All food service employees regulations and conditions, where applicable, comply to the Provincial and Federal Health and Safety Regulations. Drivers will be entitled to fairgoverned by the applicable Highways Act. is further that in the event of an employee injured during the day and in the event outside medical aid is required, reasonable and equitable treatment. A food service said employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in paid for hours lost for that day. ARTICLE HEALTH WELFARE Employer shall pay for each earned, rates noted below, for all employees covered by this Article shall require the Federation to process grievances for employees who are not members of the Federation.Collective Agreement into Health and Welfare Fund man is working: Oct. 01/10 1/12 Newfoundland Nova Scotia New Brunswick & Ontario Toronto Manitoba Saskatchewan &
Appears in 1 contract
Sources: National Sprinkler Agreement
Grievance Procedures. A. For purposes of this Article, a A grievance shall be determined is defined as a dispute or difference of opinion between the City and a bargaining unit member and/or Member, Members, or the Federation Union over the meaning, interpretation, application or the inequitable application of an expressed provision of the Agreement. Any grievance filed against the City shall be in writing and if a Member’s grievance, it shall contain the name and position of the affected Member(s). The grievance shall contain a clear and concise statement of the grievance, the issue or issues involved, the relief sought, the date the incident or violation took place, and the Board over the interpretation specific section or application of, the terms of this negotiated agreement. Grievances shall be processed through the procedure outlined belowsections alleged to have been violated.
B. In A grievance to be considered timely must be submitted to the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, Fire Chief within seven (7) working ten days of from the date on which the food service employee could reasonably have known of the occurrence grievant knew of the event giving rise to the alleged grievancedispute. The Mayor or his or her designee(s) shall meet and discuss the grievance with the grievant and two Members of the Union’s grievance committee within ten days from the date of filing.
C. IfIn attendance at the meeting shall be the Mayor or his or her designee, the aggrieved party, the Union’s grievance committee, and at the Union’s option, its legal counsel. If the grievance is settled as a result of the informal discussion with the immediate supervisor, an alleged grievance still existssuch meeting, the following formal grievance procedure may, at the option of the grievant, settlement shall be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, reduced to writing and signed by the grievant and parties within five days following the meeting. If no settlement is reached, the Mayor or his or her designee shall give a representative of written answer to the Federation, which form shall grievance within five days following the meeting. The grievance may then be available submitted to arbitration by the Union as follows:
D. Within five days from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance form. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (7) working days of receipt of the grievanceMayor or his or her designee’s written answer referred to above, the immediate supervisor City and the Union shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance request in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association shall submit a list of five arbitrators. Within five days after receipt of said list, one impartial arbitrator shall be selected. A coin flip shall determine which side will be first in accord with its rules, which rules shall likewise govern striking a name from the arbitration proceedingslist. The name last remaining shall be the appointed impartial arbitrator.
E. Arbitration shall proceed pursuant to the provisions of the Uniform Arbitration Act. (Wyo. Stat. §§ 1-36-101 through 1-36-119). The selected arbitrator shall have no power right to amend, modify, alter, add to, to or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and binding.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled . The arbitrator shall only consider and make a decision with respect to fairthe specific issue or issues submitted, reasonable and equitable treatmentshall have no authority to make a decision on any other issue not so submitted to the arbitrator. A food service employee who participates In the event the arbitrator finds a violation of the terms of the Agreement, the arbitrator shall fashion an appropriate remedy. Any dispute, claim or intends grievance arising from or relating to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning interpretation or reprisal because application of such participation or intention. All documents, communications and records dealing with the processing of a grievance this Agreement shall be filed separately from submitted to arbitration administered by the personnel files American Arbitration Association under its Labor Arbitration Rules, unless the parties otherwise have agreed in this Section. The parties further agree to accept the arbitrator’s award as final and binding on them, subject to the right of either party to seek judicial review pursuant to Wyo. Stat. §§ 1-36-101, et seq. The parties shall each pay half the cost and expenses of the participants.
G. Nothing in impartial arbitrator. Should the same issue be submitted to arbitration two or more times during the term of this Article Agreement and the same party loses two or more times on that issue, the losing party shall require the Federation to process grievances for employees who are not members pay all costs and expenses of the Federationsecond or any subsequent impartial arbitration.
Appears in 1 contract
Sources: Collective Labor Agreement
Grievance Procedures. A. For purposes of this Article, 1. Certified employees have a grievance shall right to be determined as a dispute between a bargaining unit member and/or the Federation and the Board over the interpretation or application of, the terms of this negotiated agreement. Grievances shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, within seven (7) working days of the date on which the food service employee could reasonably have known of the occurrence of the event giving rise to the alleged grievancerepresentative at any grievance meeting.
C. If, 2. Nothing contained herein shall limit the right of any certified employee to process a grievance as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the individual. The Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from afforded the Food & Nutrition Services Director or designee or the Federation.
D. Items may opportunity to be present and to make its views known at grievance meetings in such cases. Any adjustment made shall not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c)inconsistent with this agreement. The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to If such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, it may not be re-filed by the disciplinary action memo/form Federation on behalf of the individual nor may the individual be a party to a group grievance on the same issue. Any grievance decision shall be held with provided to the Food & Nutrition Service Director or designee in an abeyance folder until Federation at the grievance process has been exhaustedtime of the decision. Confidentiality will be respected when requested by the aggrieved.
STEP I The grievant and/or 3. If a grievance affects a group of certified employees at two (2) or more work locations, the Federation may submit must file a written grievance within ten (10) workdays on behalf of the certified employees affected directly to the immediate supervisor, a copy Director of the grievance form. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievanceHuman Resources. The immediate supervisor grievance must be signed and dated by each affected employee, (faxed or emailed notification will be accepted). The Federation shall indicate identify the disposition of the grievance in writing within seven (7) working days after such meeting, certified employees and shall furnish a copy thereof to the Federationwork locations.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings4. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee Board and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall these proceedings will be final kept informal and bindingall information relating to a grievance will be kept confidential.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention5. All documents, communications written and records printed matter dealing with the processing of a grievance shall will be filed separately from the official personnel files file of the participantsparticipant(s) in a file maintained by the Office of Human Resources. No reprisal shall be taken by the Board or any member of the administration against any certified employee participating in the processing of a grievance.
G. Nothing 6. The Board agrees to make available to the aggrieved party and representative all pertinent information, not privileged, in this Article its possession or control that is relevant to the issues raised by the grievance.
7. Leave with pay will be granted to a certified employee whose absence from duty is required by the parties to the grievance as part of a grievance hearing. The office of Human Resources shall require notify the site administrator(s) of the certified employee(s) designated to appear at such hearing.
8. Representatives from the Federation and the Office of Human Resources shall develop all forms to process be used in the grievance processing. All grievances for employees who and appeals of such must be filed on appropriate forms as provided by the Office of Human Resources. Appropriate forms are not members of the Federationavailable at site offices.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. A. For purposes of this Article, a 8.01 A grievance shall be determined defined as a dispute between a bargaining unit member and/or any difference arising with respect to the Federation and the Board over the interpretation interpretation, application, administration or application of, the terms alleged violation of this negotiated agreement. Grievances shall be processed through the procedure outlined belowAgreement.
B. In 8.02 It is the event mutual desire of the parties that grievances be addressed as quickly as possible, in the following manner:
Step 1 Any employee who believes (s)he has a food service employee believes there is a basis for a grievance, he/she complaint or difference shall first discuss promptly the alleged grievance complaint or difference with his/her Program Manager within fifteen (15) working days of first becoming aware of the immediate supervisor either personally or, if he/she prefers, complaint or difference. The employee may be accompanied by the ▇▇▇▇▇▇▇ if (s)he so desires. The Program Manager shall give a Federation representative, decision to the employee and the ▇▇▇▇▇▇▇ within seven five (75) working days of the date on which the food service employee could reasonably have known of the occurrence of the event giving rise to the alleged grievancemeeting.
C. If, as a result of Step 2 If the informal discussion with the immediate supervisor, an alleged grievance still existscomplaint or difference is not resolved, the following formal grievance procedure may, at the option of the grievant, shall be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix Awriting, signed by stating the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy nature of the grievance formand indicating the provision of the Agreement which has been allegedly violated, and the redress sought. If The grievance shall be given to the grievance involves more than one school buildingExecutive Director, it may be filed with the Superintendent/designee. Within seven or his designate, within five (75) working days of receipt of the grievance, Program Manager’s decision under Step 1. A meeting between the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition Union Grievance Committee and representatives of the grievance in writing within seven (7) working days after such meetingEmployer, and shall furnish a copy thereof to including the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievanceExecutive Director, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator held within five (5) working days from to discuss the notification date that arbitration will be pursuedgrievance. The Executive Director, or designate, shall give a decision in writing to the Union within five (5) working days following this meeting.
Step 3 If the complaint or difference is not resolved at Step 2, the arbitrator Union may, within five (5) working days of receipt of the Employer’ reply in Step 2, forward the grievance to the President of the Branch for review. Within ten (10) working days of receipt of the grievance the President shall be selected from a list submitted by give the Federal Mediation and Conciliation Service and/or final decision, in writing, to the American Union.
Step 4 If the complaint or difference is not resolved at Step 3 the Union may refer same to Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power pursuant to alter, add to, or subtract from the terms Article 9 of this Agreement. The Superintendent/designee and .
8.03 Where an employee feels that (s)he has been unjustly disciplined, the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award employee may file a grievance at Step 2 of the arbitrator shall be final and binding.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution procedure within five (5) working days of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incurnotice of discipline.
C. The time limits provided in 8.04 A discharged employee who has completed the Article shall be strictly observed, but probationary period and alleges the discharge was not for just cause may be extended by written agreement file a grievance at Step 2 of the parties. In the event a grievance is filed after May 15 procedure within five (5) working days of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end notice of the school term or as soon thereafter as possibledischarge.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. A. For purposes of this Article, a 9.01 A grievance shall be determined is defined as a dispute between arising out of interpretation, application, administration or alleged violation of this Agreement, and shall be dealt with in accordance with the following grievance procedure:
9.02 Step 1: The employee must present the complaint verbally to the Manager/Designate within five (5) working days of the occurrence giving rise to the complaint. Should the employee be absent from work on approved absence and be unable to present their complaint in the five (5) day time frame, they will be permitted to do so within three (3) days of returning to work. The Manager/Designate shall give a bargaining unit member and/or verbal decision within two (2) working days of the Federation raising the complaint.
9.03 Step 2: If the dispute is not satisfactorily settled within five (5) working days of the meeting with the Manager/Designate, or if the reply of the Manager/Designate is not satisfactory to the employee, a written grievance, signed by the employee describing the specific reason(s) for the grievance, shall be presented to the Manager/Designate and a meeting will be held within three (3) working days with the Board over Union ▇▇▇▇▇▇▇. The Manager/Designate will render a decision to the interpretation or application ofUnion ▇▇▇▇▇▇▇ in writing within five (5) working days of receipt of the meeting. Failing settlement satisfactory to the grievor, the terms grievance may be moved to the next step.
9.04 Step 3: Within seven (7) days of this negotiated agreementreceiving the decision of the Manager/Designate, the grievance may be submitted in writing to the Director of Community Services or designate. Grievances A meeting shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, held within seven (7) working days between the Director of Community Services or designate, the Business Representative of the date on which the food service employee could reasonably have known of the occurrence of the event giving rise to the alleged grievance.
C. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still existsUnion, the following formal grievance procedure may, at Union ▇▇▇▇▇▇▇ and the option of the grievant, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known Grievor to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance form. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve discuss the grievance. The immediate supervisor Director of Community Services or designate, shall indicate render a decision to the disposition Business Representative of the grievance in writing Union within seven ten (710) working days after such the meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and binding.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. A. For purposes of this Article, a Section 1: A grievance shall be determined as a any difference of opinion, controversy, harassment or dispute arising between the parties hereto, relating to any matter of wages, hours and working conditions or any dispute between a bargaining unit member and/or the Federation and the Board over the parties involving interpretation or application of, of the terms provisions of this negotiated agreementAgreement.
Section 2: The Union will notify the Employer, in writing of the names of its Grievance Committee, not to exceed five (5) in number who are designated by the Union to represent employees under the grievance procedure. Grievances The Grievance Committee shall be processed through empowered to investigate and present grievances during working hours, without loss of pay, for periods not to exceed one (1) hour per day,
Section 3: Any grievance or dispute that might arise between parties with reference to the procedure outlined belowapplication, meaning or interpretation of this Agreement shall be settled in the following manner.
B. In the event that a food service Step 1: An aggrieved employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, within seven (7) working days of the date on which the food service employee could reasonably have known of the occurrence of the event giving rise to the alleged grievance.
C. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, and or Union Shop ▇▇▇▇▇▇▇ at the option request of the grievant, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to shall take up the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held or dispute with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.Immediate Supervisor within ten (10)
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance form. Step 2: If the grievance involves more than one school buildinghas not been settled, it may shall be filed with presented by the Superintendent/designee. Within seven (7) working days of receipt of the grievanceUnion Shop ▇▇▇▇▇▇▇, the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meetingcommittee, and shall furnish a copy thereof or employee to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievancePersonnel Director as appropriate, or if no disposition has been made within the specified time limitin writing, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within five (5) working days after a response from the notification date that arbitration will Immediate Supervisor is due. The appropriate Director shall meet with the Union Shop ▇▇▇▇▇▇▇, grievance committee or employee and respond in writing, to the Union Shop ▇▇▇▇▇▇▇, grievance committee, or employee within five (5) working days.
Step 3: If the grievance still remains unadjusted, it shall be pursuedpresented by the Union Shop ▇▇▇▇▇▇▇, grievance committee, or employee to the Executive Director, in writing, within five (5) working days after the response from the Personnel Director as appropriate, is due. The Executive Director shall meet with the Union Shop ▇▇▇▇▇▇▇, grievance committee or employee, and respond, in writing, to the Union Shop ▇▇▇▇▇▇▇, grievance committee or employee, within five (5) working days.
Step 4: If the grievance remains unsettled, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rulesCouncil 71 representatives, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and binding.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.within fifteen
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. A. For purposes Should any difference arise between the Company and any of its employees as to the interpretation, application, administration, or alleged violation of this ArticleAgreement, a an ▇▇▇▇▇▇▇ effort shall be made to settle such differences without undue delay in the following manner:
STEP 1 The aggrieved employee with the assistance of his Shop ▇▇▇▇▇▇▇ shall submit his grievance in writing to his ▇▇▇▇▇▇▇ in the shop within three working days of the occurrence giving rise to the ▇▇▇▇▇▇▇▇▇.▇▇ grievance shall be determined considered valid which has not been submitted within such three days.The employee and the Shop ▇▇▇▇▇▇▇ may have the assistance of the Business Representative of the Union.
STEP 2 If within three working days from the time the grievance was first submitted to the ▇▇▇▇▇▇▇ a decision satisfactory to the employee is not given, it shall be presented in writing to the Plant Manager or his representative within three additional working days, who shall meet with the Union Representative in an attempt to resolve the differences and render a written decision within seven working days. A Union policy grievance which is defined as an alleged violation of this Agreement involving all or a substantial number of employees in the Bargaining Unit or a grievance involving the Union itself relating to the application or interpretation of this Agreement, may be brought forward in writing at Step 2 of the Grievance Procedure at any time within five full working days after the circumstances giving rise to such Policy Grievance occurred, and if it is not settled at this stage, it may be submitted to a Board of Arbitration in the same manner as a dispute between grievance of an employee.
STEP 3 If settlement is not reached in Step 2 within said five working days a bargaining unit member and/or Joint Conference Board meeting shall be convened and a written decision rendered within five working days. The Joint Conference Board shall be comprised of Two Union Representatives appointed by the Federation Local Union and Two Representatives appointed by CASA. The findings of the Joint Conference Board over shall be final and binding on both parties.
STEP 4 If the interpretation or application ofJoint Conference Board are unable to effect a settlement within the last mentioned five days’ time limit in Step #3, the terms of this negotiated agreement. Grievances ARBITRATOR shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, within seven (7) working days of the date on which the food service employee could reasonably have known of the occurrence of the event giving rise to the alleged grievance.
C. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance formapplied. If this Grievance is for delinquents, only the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (7) working days of receipt of the grievance, the immediate supervisor delinquent contractor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to pay all cost for the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedingsexpenses. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and binding.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The Any time limits provided in the four steps of this Article shall be strictly observed, but may be extended by written mutual agreement of between the parties. In the event a grievance is filed after May 15 of any year Company and strict adherence to the time limits may result in hardship to any partyUnion, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possiblebut not otherwise.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. A. For purposes Section 1. A grievance is defined as a complaint arising out of alleged violations concerning the application of interpretation or compliance with the provisions of this Articleagreement.
Section 2. An employee covered by this Agreement shall present their complaint in the following manner: Informal Step. The employee is encouraged to approach the department management in an informal manner in an attempt to solve the problem.
Step 1. The employee is directed to present their complaint to the union membership who will, by majority vote, determine initial support of the grievance. If the complaint, as viewed by the Union, is found to be valid, the Union Grievance Representative shall present the written grievance to the Chief of the Department. After the vote, an employee is not precluded from filing a Step 1 grievance to the City if otherwise not filed by the Union. The grievance shall be determined as a dispute between a bargaining unit member and/or contain the Federation provision of the agreement alleged to have been violated and the Board over the interpretation or application of, the terms of this negotiated agreementremedy requested. Grievances shall It must be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, filed within seven fifteen (715) working calendar days of the date on which the food service employee could reasonably have known of the occurrence of the event facts giving rise to the alleged grievance or the time that the employee reasonably should have known about the facts.
Step 2. The Fire Chief shall, within ten (10) working days, give an answer in writing to the grievance.
C. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still existsStep 3. Failing satisfactory settlement, the following formal grievance procedure mayshall, at the option of the grievant, be invoked through the Federation within seven three (73) working days from the time of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative Fire Chief’s answer (failure of the FederationFire Chief to answer within the time allowed shall automatically put the grievance in this step), which form be referred to the Union Grievance Committee composed of three union members and be served upon the City Manager, who shall discuss the matter with the grievance committee of the Union duly authorized to discuss grievances at this level and an ▇▇▇▇▇▇▇ attempt shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known by both parties to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance form. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve settle the grievance. The immediate supervisor shall indicate the disposition of the grievance City Manager will respond in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and bindingGrievance Committee meeting.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Sources: Labor Contract
Grievance Procedures. A. For purposes 8:01 Grievances shall be dealt with in the following manner provided requests for grievance hearings and replies following such hearings shall be in writing at all steps. Grievances shall specify the clause or clauses in the Agreement which it is believed the City has violated and shall include a statement of this Article, facts outlining in what manner the City's interpretation of a clause is disputed. A copy of the grievance shall be determined as a dispute between a bargaining unit member and/or submitted at each step of the Federation grievance procedure and the Board over the interpretation or application of, the terms of this negotiated agreement. Grievances replies to grievances shall be processed through sent to the procedure outlined belowChairman of the Grievance Committee.
B. In 8:02 A grieved employee, assisted by a ▇▇▇▇▇▇▇ or officer of the event that a food service employee believes there is a basis for a grievanceUnion, he/she shall first discuss promptly the alleged grievance case with their Supervisor and the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, Division Head within seven (7) working fifteen days of the date on which the food service employee could reasonably have known of the occurrence of the event giving incident which gave rise to the alleged grievance.
C. If, as matter in dispute. The Supervisor shall render a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation decision within seven (7) three working days of the informal discussionmeeting. Failing settlement, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form difference shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event considered a grievance is filed, and the disciplinary action memo/form following steps shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhaustedtaken.
STEP I The grievant and/or Federation may submit to grievance shall be put in writing and the immediate supervisoremployee may, a copy of the grievance form. If the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (7) within five working days of receipt of the grievancereply from the Supervisor, the immediate supervisor shall meet request a hearing with the grievant and/or the Federation representative in an effort to resolve the grievanceDepartment Head. The immediate supervisor shall indicate the disposition employee assisted by a ▇▇▇▇▇▇▇ or officer of the grievance in writing Union will attend the hearing with the Department Head. The Department Head shall render a decision within seven (7) five working days after such meeting, and shall furnish a copy thereof to of the Federationhearing.
STEP II If the grievant and/or Federation is Grievance Committee considers that a satisfactory settlement was not satisfied with the disposition reached at Step I, it may within five working days of receipt of the grievanceStep I reply, request a hearing by the Commissioner of Human Resources, or if no disposition has been made a representative. The Commissioner of Human Resources, or a representative, shall render a decision within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) five working days of the disposition or expiration of hearing.
STEP III If the time limit. Within seven (7) working daysGrievance Committee considers that a satisfactory settlement was not reached at Step II, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing it may within seven (7) five working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition receipt of the grievance Step II reply, request a hearing by the Superintendent/designee, or if no disposition has been made Chief Administrative Officer. The Chief Administrative Officer shall render a decision within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) five working days of the date hearing.
8:03 Where a dispute involves a question of general application or interpretation of the disposition at STEP II, terms of the agreement either the Union or the expiration City may file a grievance at Step II of the time limit. If grievance procedure.
(a) Whenever the parties cannot agree as Employer deems it necessary to issue a written disciplinary action, a letter of discipline shall be provided to the arbitrator employee with a copy to the Union and the Human Resources Department.
(b) In cases of discharge the employee and/or the Union shall have the right to file a grievance at Step II of the grievance procedure, provided such grievance is filed within five fifteen (515) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and bindingdischarge.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. 8:05 The time limits provided set out in the Article grievance procedure shall be strictly observedobserved by the parties, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possiblemutual consent.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. A. For purposes A grievance is hereby defined to be any complaint of this Articlean employee that, as to him there has been a grievance shall be determined as a dispute between a bargaining unit member and/or misinterpretation or misapplication of the Federation and the Board over the interpretation or application of, the specific terms of this negotiated agreementAgreement or that the employee’s rights have otherwise been violated by the Town or any individual authorized to act on behalf of the Town. Grievances Unless a grievance is presented in writing with ten (10) calendar days of the date the employee knew, or should have known, of the cause for the grievance, then it shall be processed through considered waived. The investigation, discussion, and settlement of grievances shall be done outside of working hours unless the procedure outlined belowTown and the Union representative agree that it is necessary to investigate, discuss or settle a grievance during working hours. No employee shall leave his work station for the purpose of presenting, processing or discussing grievances without first obtaining the permission of his immediate supervisor. Any grievance arising between the Union and/or an employee and Town shall be handled in the following manner: The Union representative or employees shall first discuss the grievance with the immediate non- bargaining unit supervisor and attempt to find a solution. If the employee is not satisfied with such an informal discussion, then the employee shall proceed with Step 1.
B. In Step 1. The Union representative or aggrieved employees must present the event that grievance in writing to his/her immediate non bargaining unit supervisor specifying the nature of the grievance and the specific section (s) of the contract he claims to be misinterpreted or misapplied. The Town will notify the Union in writing of the specific supervisor (s) to whom employees must present grievances at Step 1. If a food service satisfactory adjustment is not effected with his non bargaining unit supervisor within six (6) days, he may appeal to Step 2 within three (3) working days.
Step 2. Upon appeal from Step 1, the Department Head shall consider the grievance and shall render a decision in writing not later than (5) days from the date his/her final meeting with the employee believes there occurs. If the employee or Union is a basis for a grievancenot satisfied with the decision of the Department Head, he/she shall first discuss promptly may appeal to the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, Town Manager under Step 3 in writing within seven three (73) working days of the date on which Department Head’s decision.
Step 3. The Town Manager shall consider the food service employee could reasonably have known appeal of the occurrence of the event giving rise to the alleged grievance.
C. If, as aggrieved or Union and shall render a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation decision in writing within seven six (76) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in after his/her personnel file and to have final meeting with the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contentsemployee or Union.
Step 4. In the event a the grievance is filedbased upon an alleged violation of the specific language of this Agreement, and the disciplinary action memo/form shall be held grievant is dissatisfied with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy decision of the grievance form. If the grievance involves more than one school buildingTown Manager, it he/she may be filed file a written request with the Superintendent/designee. Within seven (7) working days of receipt of Union that the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall matter be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limitarbitration. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may Such request must be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to the arbitrator filed within five (5) working days from of the notification date that arbitration will he receives the decision of the Town Manager. A copy of the request must be pursuedfiled simultaneously with the Town Manager. Within ten (10) days of receipt of the request, the arbitrator Union may submit a demand for arbitration to the Connecticut State Board of Mediation and Arbitration. The decision of said Board shall be selected from a list submitted by confined to interpretation of the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms specific language of this Agreement. The Superintendent/designee Agreement and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and bindingbinding on both parties.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. A. For purposes Should any difference arise between the Company and any of its employees as to the interpretation, application, administration, or alleged violation of this ArticleAgreement, a an ▇▇▇▇▇▇▇ effort shall be made to settle such differences without undue delay in the following manner:
STEP 1 The aggrieved employee with the assistance of his Shop ▇▇▇▇▇▇▇ shall submit his grievance in writing to his ▇▇▇▇▇▇▇ in the shop within three working days of the occurrence giving rise to the grievance. No grievance shall be determined considered valid which has not been submitted within such three days. The employee and the Shop ▇▇▇▇▇▇▇ may have the assistance of the Business Representative of the Union.
STEP 2 If within three working days from the time the grievance was first submitted to the ▇▇▇▇▇▇▇ a decision satisfactory to the employee is not given, it shall be presented in writing to the Plant Manager or his representative within three additional working days, who shall meet with the Union Representative in an attempt to resolve the differences and render a written decision within seven working days. A Union policy grievance which is de fined as an alleged violation of this Agreement involving all or a substantial number of employees in the Bargaining Unit or a grievance involving the Union itself relating to the application or interpretation of this Agreement, may be brought forward in writing at Step 2 of the Grievance Procedure at any time within five full working days after the circumstances giving rise to such Policy Grievance occurred, and if it is not settled at this stage, it may be submitted to a Board of Arbitration in the same manner as a dispute between grievance of an employee.
STEP 3 If settlement is not reached in Step 2 within said five working days a bargaining unit member and/or Joint Conference Board meeting shall be convened and a written decision rendered within five working days. The Joint Conference Board shall be comprised of Two Union Representatives appointed by the Federation Local Union and Two Representatives appointed by CASA. The findings of the Joint Conference Board over shall be final and binding on both parties.
STEP 4 If the interpretation or application ofJoint Conference Board are unable to effect a settlement within the last mentioned five days time limit in Step #3, the terms of this negotiated agreement. Grievances ARBITRATOR shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representative, within seven (7) working days of the date on which the food service employee could reasonably have known of the occurrence of the event giving rise to the alleged grievance.
C. If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed by the grievant and a representative of the Federation, which form shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items may not be placed in an employee’s official personnel file unless the item has been made known to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhausted.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance formapplied. If this Grievance is for delinquents, only the grievance involves more than one school building, it may be filed with the Superintendent/designee. Within seven (7) working days of receipt of the grievance, the immediate supervisor delinquent contractor shall meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree as to pay all cost for the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedingsexpenses. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and binding.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The Any time limits provided in the four steps of this Article shall be strictly observed, but may be extended by written mutual agreement of between the parties. In the event a grievance is filed after May 15 of any year Company and strict adherence to the time limits may result in hardship to any partyUnion, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possiblebut not otherwise.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Grievance Procedures. A. For purposes It is the mutual desire of the parties hereto that complaints and grievances of employees, the Union and the Commission shall be adjusted as quickly as possible, and the following procedures shall apply to all such complaints or grievances. Any difference concerning the interpretation, application, adminis- tration or alleged violation of the provisions of this Article, Agreement shall be a proper matter for the Grievance Procedure outlined below. It is understood that a complaint does not become a grievance until the employee has first given the supervisory force an opportunity to adjust the complaint.
Step 1. If any one or more employees (herein referred to as the Grievor) shall be determined as have a dispute between a bargaining unit member and/or grievance against the Federation and the Board over the interpretation or application ofCommission, the terms of this negotiated agreement. Grievances shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a basis for a grievance, he/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, if he/she prefers, accompanied by a Federation representativeGrievor may, within seven (7) working 16 calendar days after the Grievor has become aware of the date on which the food service employee could reasonably have known of the occurrence of the event facts giving rise to the alleged grievancecomplaint have arisen, submit the complaint, orally, to the immediate ▇▇▇▇▇▇▇, Supervisor or Superintendent. The Grievor may at any time be accompanied or represented by a Union Representative and the parties shall attempt to resolve the matter.
C. IfStep 2. If the matter cannot be resolved at Step 1, or if a solution satisfactory to the Grievor is not reached within 12 calendar days following such submission, then the Union may submit the complaint as a result grievance, in writing or orally, to the Department Head of the informal discussion with Department in which the immediate supervisor, an alleged grievance still exists, Grievor works or the following formal grievance procedure may, at designated representative of such Department Head. At this step either party may require the option attendance of the grievantGrievor, be invoked through the Federation within seven (7) working days of the informal discussion, on the form set forth in annexed Appendix A, signed provided that any statements made by the grievant and a representative of Grievor or the Federation, which form Commission representatives shall be available from the Food & Nutrition Services Director or designee or the Federation.
D. Items presumed to have been made without prejudice and may not be placed in an employee’s official personnel file unless the item has been made known referred to at Arbitration. The Department Head or designated representative shall reply to the employee, pursuant to the methodology described in Florida Statute 231.291 (1) (c). The employee shall have the right to respond to any item(s) to be placed in his/her personnel file and to have the response attached to such item. The employee’s signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents. In the event a grievance is filed, the disciplinary action memo/form shall be held with the Food & Nutrition Service Director or designee in an abeyance folder until the grievance process has been exhaustedwithin 12 calendar days of submission thereof.
STEP I The grievant and/or Federation may submit to the immediate supervisor, a copy of the grievance formStep 3. If the grievance involves more than one school buildingreply from the General Superintendant or designated represen- tative is unsatisfactory to the Union, it may be filed with the Superintendent/designee. Within seven (7) working Union may, within 12 calendar days of from the receipt of the grievance, the immediate supervisor shall meet with the grievant and/or the Federation representative reply in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting, and shall furnish a copy thereof to the Federation.
STEP II If the grievant and/or Federation is not satisfied with the disposition of the grievanceStep 2, or if no disposition has been made reply is received, within 12 calendar days from the specified time limit, the grievance shall be submitted to the Superintendent/designee within seven (7) working days of the disposition or expiration of the time limitperiod limited for such reply, submit an appeal in writing to the Manager-Human Resources or designated representative. Within seven The Deputy General Manager(s) in the Operations Branch will conduct the Appeal for Operations Branch employees (7including Wheel Trans) working days, the Superintendent/designee shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance reply in writing within seven (7) working days 12 calendar days. Should either Deputy General Manager not be available, the Manager- Human Resources or designated representative shall conduct the griev- ance. All other grievances shall be dealt by the Manager-Human Re- sources or designated representative in accordance with the above provisions. At this hearing, either party may require the attendance of the Grievor, provided that any statements made by the Grievor or the Commission representatives shall be presumed to have been made without prejudice and may not be referred to at Arbitration. If such a meeting and shall furnish a copy thereof reply is not satisfactory to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Superintendent/designeeUnion, or if no disposition has been made reply is received, either party may, within five (5) calendar days, submit the specified time limitmatter to Grievance Mediation, the grievance may be submitted by the Federationor may, to arbitration before an impartial arbitrator within thirty (30) working days of calendar days, submit the date of the disposition at STEP II, or the expiration of the time limit. If the parties cannot agree matter to Arbitration as to the arbitrator within five (5) working days from the notification date that arbitration will be pursued, the arbitrator shall be selected from a list submitted by the Federal Mediation and Conciliation Service and/or the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be final and bindinghereinafter provided.
B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA filing fees, shall be paid by the Board. However, if the arbitrator sustains the Board's position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may only file for arbitration if the Federation has refused to process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in the Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Superintendent/designee shall use his/her best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without loss of pay or accumulated leave, for that purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of the Agreement.
F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to discipline, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
G. Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation.
Appears in 1 contract
Sources: Collective Bargaining Agreement