Grievance Processing. A. The purpose of this procedure is to secure at the lowest possible level equitable solutions for the problems which may arise from time to time affecting the Judiciary and Judiciary employees. B. At each step of the grievance procedure there shall be only one spokesperson for the grievant/union and one spokesperson for management. C. The number of days indicated at each level shall be considered the maximum and every effort shall be made to expedite the process. The time limits specified may be extended by mutual written consent, which shall not be unreasonably denied. D. Unless otherwise provided herein, a grievance may be submitted by the Union, or by its designated representative on behalf of the Union or an employee or a group of employees. Where the subject of a grievance suggests it is appropriate, the Union may submit a grievance initially at Step 2, to the Counsel’s Office with the written consent of the Chief of Labor and Employee Relations. Consent shall not be unreasonably withheld. A grievance initially submitted at Step 2 shall be submitted within thirty (30) business days from the date of occurrence giving rise to the grievance or within thirty (30) business days of the date the Union reasonably should have known of the action being grieved. Prior to arbitration, a grievance shall be heard at least at the Step 2 hearing level unless such hearing is denied by the Judiciary. Grievances filed with consent at Step 2 shall not be scheduled for a hearing/meeting at Step 1. E. To pursue a grievance, the Union and/or grievant shall set forth the Article(s) being violated and the factual basis for the grievance. F. An individual employee involved shall be entitled to be present and to use the grievance procedure at Step 1 and at other steps with the consent of the Union and to be represented by the Union in accordance with the provisions hereof. Neither the employee nor the Union shall be coerced, intimidated or suffer any reprisal as a direct or indirect result of the use of the Grievance Procedure or representation during the Grievance Procedure. G. Unless otherwise provided herein, a grievant may represent himself/herself throughout this procedure. In such case, the Union shall have the right to be present, to state its views at all steps of the grievance procedure and to receive all dispositions of the grievance. H. Nothing in this Agreement shall be construed as compelling the Union to submit a grievance to arbitration or to represent an employee, except as mandated by law. The Union’s decision to request the movement of a grievance at Steps 2 and 3 or to terminate the grievance at Steps 2 and 3 shall be final. I. The Judiciary and the Union shall, upon request, make available to the other party appropriate and/or reasonable information in its possession which the other party needs to properly process the grievance and shall make this information available promptly. J. Grievance decisions at Step 1 shall not constitute a precedent in any arbitration or other proceeding unless there is specific agreement to that effect made in writing by the Union and by the Chief of Labor and Employee Relations. K. The Union may amend a grievance at Step 1 for the purpose of clarification but not to materially alter the nature of the grievance or to include additional issues. L. All documents, communications or records dealing with the processing of a grievance shall be filed in a separate Human Resources grievance file and not in the Human Resource personnel file of any of the participants unless they originated in that file. M. Forms for filing grievances, serving notices, taking appeals, making reports and recommendations and other necessary documents shall be prepared jointly by the employer and the Union and given an appropriate distribution so as to facilitate operation of the Grievance Procedure. If any section of the grievance form is not applicable to the grievance, the grievant may so indicate on the form. N. The burden of proof shall be on the grievant. O. The parties at any step of the grievance process may consolidate two or more grievances on the same issue and process them as a group grievance at any step of the grievance process. P. Upon request, the filing party, either the Union or the employee, at least five (5) days prior to a scheduled hearing, and management, at least three
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Processing. A. The purpose of this procedure is a. CSEA reserves the right to secure at the lowest possible level equitable solutions for the problems which may arise from time designate representatives authorized to time affecting the Judiciary and Judiciary employees.
B. At each step of the grievance procedure there shall be only one spokesperson for the grievant/union and one spokesperson for management.
C. The number of days indicated at each level shall be considered the maximum and every effort shall be made to expedite the process. The time limits specified may be extended by mutual written consent, which shall not be unreasonably denied.
D. Unless otherwise provided herein, a grievance may be submitted by the Union, or by its designated representative act on behalf of the Union or an employee or a group Association in grievance procedures. CSEA shall notify the Assistant Superintendent, Human Resources, in writing, of employees. Where these representatives and include:
1) The period for which the subject of a grievance suggests it appointment is appropriate, the Union may submit a grievance initially at Step made;
2, to the Counsel’s Office with the written consent ) The current work site and telephone numbers of the Chief designee. CSEA shall also provide written notice of Labor and Employee Relations. Consent shall not be unreasonably withheld. A grievance initially submitted at Step 2 shall be submitted within thirty (30) business days from the date of occurrence giving rise any change to the grievance or within thirty (30) business days of the date the Union reasonably should have known of the action being grieved. Prior to arbitration, a grievance shall be heard at least at the Step 2 hearing level unless such hearing is denied by the Judiciary. Grievances filed with consent at Step 2 shall not be scheduled for a hearing/meeting at Step 1this information.
E. To pursue a grievance, the Union and/or grievant shall set forth the Article(s) being violated and the factual basis for the grievance.
F. An individual employee involved b. CSEA shall be entitled to be present and to use the grievance procedure at Step 1 and at other steps with the consent of the Union and to be represented by the Union in accordance with the provisions hereof. Neither the employee nor the Union shall be coerced, intimidated or suffer any reprisal as a direct or indirect result of the use of the Grievance Procedure or representation during the Grievance Procedure.
G. Unless otherwise provided herein, a grievant may represent himself/herself throughout this procedure. In such case, the Union shall have the right to be present, to state its views at all steps of the grievance procedure and to receive all dispositions of the grievance.
H. Nothing in this Agreement shall be construed as compelling the Union to submit a grievance to arbitration or to represent an employee, except as mandated by law. The Union’s decision to request the movement of a grievance at Steps 2 and 3 or to terminate the grievance at Steps 2 and 3 shall be final.
I. The Judiciary and the Union shall, upon request, make available to the other party appropriate and/or reasonable information in its possession which the other party needs to properly process the grievance and shall make this information available promptly.
J. Grievance decisions at Step 1 shall not constitute a precedent in any arbitration or other proceeding unless there is specific agreement to that effect made in writing by the Union and by the Chief of Labor and Employee Relations.
K. The Union may amend a grievance at Step 1 release time exclusively for the purpose of clarification but not processing grievances. Release time shall be limited to materially alter time available under Article XII, Section P.
c. The CSEA representative shall request, in writing, to the nature Assistant Superintendent, Human Resources or his/her designee, the amount of release time requested and state the contract article being grieved. The Assistant Superintendent, Human Resources, shall notify the employee's immediate supervisor of the amount of release time authorized. Prior written authorization shall be provided to the employee before release time is taken. The employee shall identify the use of release time on his/her absence sheet.
d. Prior to entering another work location, the CSEA representative shall contact the site supervisor to discuss appropriate times for entering the location as well as the purpose and expected duration of that visit. Upon entering another work location, the CSEA representative shall identify him/herself if possible to the supervisor in charge of that location and state the purpose and expected duration of that visit. The CSEA representative may be denied permission by the District to talk to the employee on his/her duty time if it will unduly interfere with the employee's work.
e. The CSEA representative is permitted to discuss the particulars of the grievance or with employees immediately concerned and if appropriate, to include additional issues.
L. All documents, communications or records dealing with attempt a resolution to the processing of a grievance shall be filed in a separate Human Resources grievance file and grievance. Such employees immediately concerned may choose not in to discuss the Human Resource personnel file of any of the participants unless they originated in that file.
M. Forms for filing grievances, serving notices, taking appeals, making reports and recommendations and other necessary documents shall be prepared jointly by the employer and the Union and given an appropriate distribution so as to facilitate operation of the Grievance Procedure. If any section particulars of the grievance form is with the CSEA representative. This shall not applicable preclude any employee from being called to the grievance, the grievant may so indicate on the formtestify under Article III of this agreement.
N. The burden of proof shall be on the grievant.
O. The parties at any step of the grievance process may consolidate two or more grievances on the same issue and process them as a group grievance at any step of the grievance process.
P. Upon request, the filing party, either the Union or the employee, at least five (5) days prior to a scheduled hearing, and management, at least three
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Processing. A. The purpose Grievances shall be presented in writing to the designated Management Representative on a mutually agreed upon form, or by written memo, signed and dated by the grievant(s), indicating that it is a grievance. Receipt of this procedure is to secure at such memo begins the lowest possible level equitable solutions time period for the problems which may arise from time Employer’s response. Prior to time affecting the Judiciary and Judiciary employees.
B. At scheduled meeting with management at each step of the grievance procedure there procedure, the grievant, if scheduled to attend the grievance conference, and his/her Union Representative, if a member of the Bargaining Unit, shall be only one spokesperson permitted a reasonable amount of time, not to exceed one-half (½) hour for consultation and preparation for such grievance meetings. Any pay provided by the Employer for grievance processing is governed by Civil Service rules and regulations. In the UIA, nothing in this Section shall prohibit the continuation of present practices in regard to preparation for grievance conferences. Requests for time under this provision shall include the identification of the grievance for which preparation time is being requested and the estimated period of time necessary for such preparation. Overtime for participation in the grievance procedure is not authorized. The Employer is not responsible for any travel or subsistence expenses incurred by grievants, witnesses, or Stewards in participating in the grievance procedure. However, if the Employer requires a meeting location other than the grievant’s scheduled work site, that location will be mutually-agreeable between the parties. No employee shall leave his/union her workstation without first requesting and one spokesperson receiving approval of the immediate supervisor. Approval for management.
C. The number of days indicated at each level shall be considered the maximum and every effort shall be made to expedite the process. The time limits specified may be extended by mutual written consent, which scheduling grievance meetings shall not be unreasonably denied.
D. Unless otherwise provided herein, . Failure of the Employer to answer a grievance may be submitted by within the Union, or by its designated representative on behalf of prescribed time limits shall result in the Union or an employee or a group of employees. Where the subject of a grievance suggests it is appropriate, the Union may submit a grievance initially at Step 2, being appealed to the Counsel’s Office with the written consent of the Chief of Labor and Employee Relations. Consent shall not be unreasonably withheld. A grievance initially submitted at Step 2 shall be submitted within thirty (30) business days from the date of occurrence giving rise to the grievance or within thirty (30) business days of the date the Union reasonably should have known of the action being grieved. Prior to arbitration, a grievance shall be heard at least at the Step 2 hearing level unless such hearing is denied by the Judiciary. Grievances filed with consent at Step 2 shall not be scheduled for a hearing/meeting at Step 1.
E. To pursue a grievance, the Union and/or grievant shall set forth the Article(s) being violated and the factual basis for the grievance.
F. An individual employee involved shall be entitled to be present and to use the grievance procedure at Step 1 and at other steps with the consent of the Union and to be represented by the Union in accordance with the provisions hereof. Neither the employee nor the Union shall be coerced, intimidated or suffer any reprisal as a direct or indirect result of the use of the Grievance Procedure or representation during the Grievance Procedure.
G. Unless otherwise provided herein, a grievant may represent himself/herself throughout this procedure. In such case, the Union shall have the right to be present, to state its views at all steps next step of the grievance procedure and to receive all dispositions of the grievance.
H. Nothing in this Agreement shall be construed as compelling providing the Union to submit a grievance to arbitration or to represent an employee, except as mandated by law. The Union’s decision to request notifies the movement of a grievance designated Management Representative at Steps 2 and 3 or to terminate the grievance at Steps 2 and 3 shall be final.
I. The Judiciary and the Union shall, upon request, make available to the other party appropriate and/or reasonable information in its possession which the other party needs to properly process the grievance and shall make this information available promptly.
J. Grievance decisions at Step 1 shall not constitute a precedent in any arbitration or other proceeding unless there is specific agreement to that effect made in writing by the Union and by the Chief of Labor and Employee Relations.
K. The Union may amend a grievance at Step 1 for the purpose of clarification but not to materially alter the nature of the grievance or to include additional issues.
L. All documents, communications or records dealing with the processing of a grievance shall be filed in a separate Human Resources grievance file and not in the Human Resource personnel file of any of the participants unless they originated in that file.
M. Forms for filing grievances, serving notices, taking appeals, making reports and recommendations and other necessary documents shall be prepared jointly by the employer and the Union and given an appropriate distribution so as to facilitate operation of the Grievance Procedure. If any section of the grievance form is not applicable to the grievance, the grievant may so indicate on the form.
N. The burden of proof shall be on the grievant.
O. The parties at any next step of the grievance process may consolidate two or more grievances on the same issue and process them as a group grievance at any step of the grievance process.
P. Upon request, the filing party, either the Union or the employee, at least five (5) days prior to a scheduled hearing, and management, at least threewithin fifteen
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Processing. A. The purpose Grievances shall be presented in writing to the designated Management Representative on a mutually agreed upon form, if available, or by written memo, signed and dated by the grievant(s), indicating that it is a grievance. Receipt of this procedure is to secure at such memo begins the lowest possible level equitable solutions time period for the problems which may arise from time Employer’s response. Prior to time affecting the Judiciary and Judiciary employees.
B. At scheduled meeting with management at each step of the grievance procedure there procedure, the grievant, if scheduled to attend the grievance conference, and his/her Union Representative, if a member of the Bargaining Unit, shall be only one spokesperson permitted a reasonable amount of time, not to exceed one-half (½) hour, without loss of pay or benefits for consultation and preparation for such grievance meetings. In the UIA, nothing in this Section shall prohibit the continuation of present practices in regard to preparation for grievance conferences. Requests for time under this provision shall include the identification of the grievance for which preparation time is being requested and the estimated period of time necessary for such preparation. Overtime for participation in the grievance procedure is not authorized. The Employer is not responsible for any travel or subsistence expenses incurred by grievants, witnesses, or Stewards in participating in the grievance procedure. However, if the Employer requires a meeting location other than the grievant’s scheduled work site, that location will be mutually-agreeable between the parties. No employee shall leave his/union her workstation without first requesting and one spokesperson receiving approval of the immediate supervisor. Approval for and scheduling grievance meetings shall not be unreasonably denied. Failure of the Employer to answer a grievance within the prescribed time limits shall result in the grievance being appealed to the next step of the grievance procedure providing the Union notifies the designated Management Representative at that next step within fifteen (15) weekdays of the expiration of the time limits for management.
C. The number of days indicated ’s response at each level shall be considered the maximum lower level. Time limits for scheduling grievance conferences, issuing grievance responses, and every effort shall be made appealing to expedite the process. The time limits specified next step may be extended by mutual written consentagreement. Grievances involving like circumstances and facts affecting a group of employees within the Bargaining Unit may, which shall not be unreasonably denied.
D. Unless otherwise provided herein, a grievance may be submitted by at the option of the Union, or by its designated representative on behalf of the Union or an employee or be filed as a group of employeesgrievance. Where the subject of a grievance suggests it is appropriate, the Union may submit a grievance initially at Step 2, to the Counsel’s Office with the written consent of the Chief of Labor and Employee Relations. Consent shall not be unreasonably withheld. A grievance initially submitted at Step 2 Group grievances shall be submitted within thirty (30) business days from the date of occurrence giving rise to the grievance or within thirty (30) business days of the date the Union reasonably should have known of the action being grieved. Prior to arbitration, a grievance shall be heard at least so designated at the Step 2 hearing level unless such hearing is denied by the Judiciarytime of filing. Grievances filed with consent at Step 2 shall not be scheduled for a hearing/meeting at Step 1.
E. To pursue a grievanceThe group grievances shall, the Union insofar as possible, identify all employees and/or grievant shall set forth the Article(sclassifications and all work locations covered. No more than two (2) being violated and the factual basis for the grievance.
F. An individual employee involved shall be entitled to be present and to use the grievance procedure at Step 1 and at other steps with the consent grievants may appear without loss of the Union and to be represented by the Union in accordance with the provisions hereof. Neither the employee nor the Union shall be coerced, intimidated pay or suffer any reprisal as a direct or indirect result of the use of the Grievance Procedure or representation during the Grievance Procedure.
G. Unless otherwise provided herein, a grievant may represent himself/herself throughout this procedure. In such case, the Union shall have the right to be present, to state its views at all steps of the grievance procedure and to receive all dispositions of the grievance.
H. Nothing in this Agreement shall be construed as compelling the Union to submit a grievance to arbitration or benefits to represent an employee, except as mandated by law. The Union’s decision to request the movement of a grievance at Steps 2 and 3 or to terminate the grievance at Steps 2 and 3 shall be final.
I. The Judiciary and the Union shall, upon request, make available to the other party appropriate and/or reasonable information in its possession which the other party needs to properly process the grievance and shall make this information available promptly.
J. Grievance decisions at Step 1 shall not constitute a precedent in any arbitration or other proceeding unless there is specific agreement to that effect made in writing by the Union and by the Chief of Labor and Employee Relations.
K. The Union may amend a grievance at Step 1 for the purpose of clarification but not to materially alter the nature of the grievance or to include additional issues.
L. All documents, communications or records dealing with the processing of a grievance shall be filed in a separate Human Resources grievance file and not in the Human Resource personnel file of any of the participants unless they originated in that file.
M. Forms for filing grievances, serving notices, taking appeals, making reports and recommendations and other necessary documents shall be prepared jointly by the employer and the Union and given an appropriate distribution so as to facilitate operation of the Grievance Procedure. If any section of the grievance form is not applicable to the grievance, the grievant may so indicate on the form.
N. The burden of proof shall be on the grievant.
O. The parties group at any step of the grievance process procedure. This shall not restrict the right of the Union to have necessary witnesses appear at Step Four (4). A grievance shall state the issue involved, the relief sought, the date the incident or violation took place, and the Section(s) of the Agreement involved. Only related subject matters shall be covered in any one grievance. A grievance may consolidate two or more grievances be amended at any time up to the conclusion of the Step Three (3) conference on the same issue basis of facts previously unknown. If a grievance appeal or response is mailed, it shall be considered as within the time limits if it is postmarked within the time limits. At Step Two (2) and process them as a group grievance Step Three (3), up to two Union Representatives may appear at any step of the grievance process.
P. Upon request, the filing party, either the Union conference or the employee, at least five (5) days prior to a scheduled hearing, and managementwithout loss of pay or benefits, at least threeto represent the grievant.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Processing. A. The purpose Grievances shall be presented in writing to the designated Management Representative on a mutually agreed upon form, or by written memo, signed and dated by the grievant(s), indicating that it is a grievance. Receipt of this procedure is to secure at such memo begins the lowest possible level equitable solutions time period for the problems which may arise from time Employer’s response. Prior to time affecting the Judiciary and Judiciary employees.
B. At scheduled meeting with management at each step of the grievance procedure there procedure, the grievant, if scheduled to attend the grievance conference, and his/her Union Representative, if a member of the Bargaining Unit, shall be only one spokesperson permitted a reasonable amount of time, not to exceed one-half (½) hour, without loss of pay or benefits for consultation and preparationgroup gri for such grievance meetings. In the UIA, nothing in this Section shall prohibit the continuation of present practices in regard to preparation for grievance conferences. Requests for time under this provision shall include the identification of the grievance for which preparation time is being requested and the estimated period of time necessary for such preparation. Overtime for participation in the grievance procedure is not authorized. The Employer is not responsible for any travel or subsistence expenses incurred by grievants, witnesses, or Stewards in participating in the grievance procedure. However, if the Employer requires a meeting location other than the grievant’s scheduled work site, that location will be mutually-agreeable between the parties. No employee shall leave his/union her workstation without first requesting and one spokesperson receiving approval of the immediate supervisor. Approval for management.
C. The number of days indicated at each level shall be considered the maximum and every effort shall be made to expedite the process. The time limits specified may be extended by mutual written consent, which scheduling grievance meetings shall not be unreasonably denied.
D. Unless otherwise provided herein, . Failure of the Employer to answer a grievance may be submitted by within the Union, or by its designated representative on behalf of prescribed time limits shall result in the Union or an employee or a group of employees. Where the subject of a grievance suggests it is appropriate, the Union may submit a grievance initially at Step 2, being appealed to the Counsel’s Office with the written consent of the Chief of Labor and Employee Relations. Consent shall not be unreasonably withheld. A grievance initially submitted at Step 2 shall be submitted within thirty (30) business days from the date of occurrence giving rise to the grievance or within thirty (30) business days of the date the Union reasonably should have known of the action being grieved. Prior to arbitration, a grievance shall be heard at least at the Step 2 hearing level unless such hearing is denied by the Judiciary. Grievances filed with consent at Step 2 shall not be scheduled for a hearing/meeting at Step 1.
E. To pursue a grievance, the Union and/or grievant shall set forth the Article(s) being violated and the factual basis for the grievance.
F. An individual employee involved shall be entitled to be present and to use the grievance procedure at Step 1 and at other steps with the consent of the Union and to be represented by the Union in accordance with the provisions hereof. Neither the employee nor the Union shall be coerced, intimidated or suffer any reprisal as a direct or indirect result of the use of the Grievance Procedure or representation during the Grievance Procedure.
G. Unless otherwise provided herein, a grievant may represent himself/herself throughout this procedure. In such case, the Union shall have the right to be present, to state its views at all steps next step of the grievance procedure and to receive all dispositions of the grievance.
H. Nothing in this Agreement shall be construed as compelling providing the Union to submit a grievance to arbitration or to represent an employee, except as mandated by law. The Union’s decision to request notifies the movement of a grievance designated Management Representative at Steps 2 and 3 or to terminate the grievance at Steps 2 and 3 shall be final.
I. The Judiciary and the Union shall, upon request, make available to the other party appropriate and/or reasonable information in its possession which the other party needs to properly process the grievance and shall make this information available promptly.
J. Grievance decisions at Step 1 shall not constitute a precedent in any arbitration or other proceeding unless there is specific agreement to that effect made in writing by the Union and by the Chief of Labor and Employee Relations.
K. The Union may amend a grievance at Step 1 for the purpose of clarification but not to materially alter the nature of the grievance or to include additional issues.
L. All documents, communications or records dealing with the processing of a grievance shall be filed in a separate Human Resources grievance file and not in the Human Resource personnel file of any of the participants unless they originated in that file.
M. Forms for filing grievances, serving notices, taking appeals, making reports and recommendations and other necessary documents shall be prepared jointly by the employer and the Union and given an appropriate distribution so as to facilitate operation of the Grievance Procedure. If any section of the grievance form is not applicable to the grievance, the grievant may so indicate on the form.
N. The burden of proof shall be on the grievant.
O. The parties at any next step of the grievance process may consolidate two or more grievances on the same issue and process them as a group grievance at any step of the grievance process.
P. Upon request, the filing party, either the Union or the employee, at least five (5) days prior to a scheduled hearing, and management, at least threewithin fifteen
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Processing. A. The purpose of this procedure is to secure at the lowest possible level equitable solutions for the problems which may arise from time to time affecting the Judiciary and Judiciary employees.
B. At each step of the grievance procedure there shall be only one spokesperson for the grievant/union and one spokesperson for management.
C. The number of days indicated at each level shall be considered the maximum and every effort shall be made to expedite the process. The time limits specified may be extended by mutual written consent, which shall not be unreasonably denied.
D. Unless otherwise provided herein, a grievance may be submitted by the Union, or by its designated representative on behalf of the Union or an employee or a group of employees. Where the subject of a grievance suggests it is appropriate, the Union may submit a grievance initially at Step 2, to the Counsel’s Office with the written consent of the Chief of Labor and Employee Relations. Consent shall not be unreasonably withheld. A grievance initially submitted at Step 2 shall be submitted within thirty (30) business days from the date of occurrence giving rise to the grievance or within thirty (30) business days of the date the Union reasonably should have known of the action being grieved. Prior to arbitration, a grievance shall be heard at least at the Step 2 hearing level unless such hearing is denied by the Judiciary. Grievances filed with consent at Step 2 shall not be scheduled for a hearing/meeting at Step 1.
E. To pursue a grievance, the Union and/or grievant shall set forth the Article(s) being violated and the factual basis for the grievance.
F. An individual employee involved shall be entitled to be present and to use the grievance procedure at Step 1 and at other steps with the consent of the Union and to be represented by the Union in accordance with the provisions hereof. Neither the employee nor the Union shall be coerced, intimidated or suffer any reprisal as a direct or indirect result of the use of the Grievance Procedure or representation during the Grievance Procedure.
G. Unless ▇. ▇▇▇▇▇▇ otherwise provided herein, a grievant may represent himself/herself throughout this procedure. In such case, the Union shall have the right to be present, to state its views at all steps of the grievance procedure and to receive all dispositions of the grievance.
H. Nothing in this Agreement shall be construed as compelling the Union to submit a grievance to arbitration or to represent an employee, except as mandated by law. The Union’s decision to request the movement of a grievance at Steps 2 and 3 or to terminate the grievance at Steps 2 and 3 shall be final.
I. The Judiciary and the Union shall, upon request, make available to the other party appropriate and/or reasonable information in its possession which the other party needs to properly process the grievance and shall make this information available promptly.
J. Grievance ▇. ▇▇▇▇▇▇▇▇▇ decisions at Step 1 shall not constitute a precedent in any arbitration or other proceeding unless there is specific agreement to that effect made in writing by the Union and by the Chief of Labor and Employee Relations.
K. The Union may amend a grievance at Step 1 for the purpose of clarification but not to materially alter the nature of the grievance or to include additional issues.
L. All documents, communications or records dealing with the processing of a grievance shall be filed in a separate Human Resources grievance file and not in the Human Resource personnel file of any of the participants unless they originated in that file.
M. Forms for filing grievances, serving notices, taking appeals, making reports and recommendations and other necessary documents shall be prepared jointly by the employer and the Union and given an appropriate distribution so as to facilitate operation of the Grievance Procedure. If any section of the grievance form is not applicable to the grievance, the grievant may so indicate on the form.
N. The burden of proof shall be on the grievant.
O. The parties at any step of the grievance process may consolidate two or more grievances on the same issue and process them as a group grievance at any step of the grievance process.
P. Upon request, the filing party, either the Union or the employee, at least five (5) days prior to a scheduled hearing, and management, at least threethree (3) days prior to a scheduled hearing, shall submit a list of witnesses, grievants, and union representatives scheduled to attend the hearing, a brief summary of their expected testimony and documents to be relied upon in the hearing, to the other party. The parties shall cooperate with each other in the scheduling of hearings to avoid undue disruption of the operation of the Judiciary, and to reasonably control the number of participants. Such cooperation may include good faith efforts by the Association to reduce the number of participants it brings to the hearing.
Q. If the Union files an unfair labor practice at PERC, the Counsel’s Office is the only office authorized to accept service of the charge and should be listed as the Judiciary/Vicinage representative.
▇. ▇▇▇▇▇▇▇▇▇ hearings or meetings shall be held during normal working hours unless mutually agreed otherwise. If mutual agreement is reached to hold a grievance meeting or hearing outside of normal working hours, the agreement may include a provision for compensatory time equal to the additional time required, but such time shall not be considered time worked for the computation of overtime. This time off shall include necessary travel time to the hearing.
S. The Union Representative, the Union designated attorney or non-employee representative shall have the right to use employer facilities and equipment to investigate grievances and interview witnesses, reasonably and subject to availability, with reasonable notice given where appropriate.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Processing. A. The purpose Grievances shall be presented in writing to the designated Management Representative on a mutually agreed upon form, or by written memo, signed and dated by the grievant(s), indicating that it is a grievance. Receipt of this procedure is to secure at such memo begins the lowest possible level equitable solutions time period for the problems which may arise from time Employer’s response. Prior to time affecting the Judiciary and Judiciary employees.
B. At scheduled meeting with management at each step of the grievance procedure there procedure, the grievant, if scheduled to attend the grievance conference, and his/her Union Representative, if a member of the Bargaining Unit, shall be only one spokesperson permitted a reasonable amount of time, not to exceed one-half (½) hour for consultation and preparation for such grievance meetings. Any pay provided by the Employer for grievance processing is governed by Civil Service rules and regulations. In the UIA, nothing in this Section shall prohibit the continuation of present practices in regard to preparation for grievance conferences. Requests for time under this provision shall include the identification of the grievance for which preparation time is being requested and the estimated period of time necessary for such preparation. Overtime for participation in the grievance procedure is not authorized. The Employer is not responsible for any travel or subsistence expenses incurred by grievants, witnesses, or Stewards in participating in the grievance procedure. However, if the Employer requires a meeting location other than the grievant’s scheduled work site, that location will be mutually-agreeable between the parties. No employee shall leave his/union her workstation without first requesting and one spokesperson receiving approval of the immediate supervisor. Approval for and scheduling grievance meetings shall not be unreasonably denied. Failure of the Employer to answer a grievance within the prescribed time limits shall result in the grievance being appealed to the next step of the grievance procedure providing the Union notifies the designated Management Representative at that next step within fifteen (15) weekdays of the expiration of the time limits for management.
C. The number of days indicated ’s response at each level shall be considered the maximum lower level. Time limits for scheduling grievance conferences, issuing grievance responses, and every effort shall be made appealing to expedite the process. The time limits specified next step may be extended by mutual written consentagreement. Grievances involving like circumstances and facts affecting a group of employees within the Bargaining Unit may, which shall not be unreasonably denied.
D. Unless otherwise provided herein, a grievance may be submitted by at the option of the Union, or by its designated representative on behalf of the Union or an employee or be filed as a group of employeesgrievance. Where the subject of a grievance suggests it is appropriate, the Union may submit a grievance initially at Step 2, to the Counsel’s Office with the written consent of the Chief of Labor and Employee Relations. Consent shall not be unreasonably withheld. A grievance initially submitted at Step 2 Group grievances shall be submitted within thirty (30) business days from the date of occurrence giving rise to the grievance or within thirty (30) business days of the date the Union reasonably should have known of the action being grieved. Prior to arbitration, a grievance shall be heard at least so designated at the Step 2 hearing level unless such hearing is denied by the Judiciarytime of filing. Grievances filed with consent at Step 2 shall not be scheduled for a hearing/meeting at Step 1.
E. To pursue a grievanceThe group grievances shall, the Union insofar as possible, identify all employees and/or grievant shall set forth the Article(sclassifications and all work locations covered. No more than two (2) being violated and the factual basis for the grievance.
F. An individual employee involved shall be entitled to be present and to use the grievance procedure at Step 1 and at other steps with the consent of the Union and to be represented by the Union in accordance with the provisions hereof. Neither the employee nor the Union shall be coerced, intimidated or suffer any reprisal as a direct or indirect result of the use of the Grievance Procedure or representation during the Grievance Procedure.
G. Unless otherwise provided herein, a grievant grievants may represent himself/herself throughout this procedure. In such case, the Union shall have the right to be present, to state its views at all steps of the grievance procedure and to receive all dispositions of the grievance.
H. Nothing in this Agreement shall be construed as compelling the Union to submit a grievance to arbitration or appear to represent an employee, except as mandated by law. The Union’s decision to request the movement of a grievance at Steps 2 and 3 or to terminate the grievance at Steps 2 and 3 shall be final.
I. The Judiciary and the Union shall, upon request, make available to the other party appropriate and/or reasonable information in its possession which the other party needs to properly process the grievance and shall make this information available promptly.
J. Grievance decisions at Step 1 shall not constitute a precedent in any arbitration or other proceeding unless there is specific agreement to that effect made in writing by the Union and by the Chief of Labor and Employee Relations.
K. The Union may amend a grievance at Step 1 for the purpose of clarification but not to materially alter the nature of the grievance or to include additional issues.
L. All documents, communications or records dealing with the processing of a grievance shall be filed in a separate Human Resources grievance file and not in the Human Resource personnel file of any of the participants unless they originated in that file.
M. Forms for filing grievances, serving notices, taking appeals, making reports and recommendations and other necessary documents shall be prepared jointly by the employer and the Union and given an appropriate distribution so as to facilitate operation of the Grievance Procedure. If any section of the grievance form is not applicable to the grievance, the grievant may so indicate on the form.
N. The burden of proof shall be on the grievant.
O. The parties group at any step of the grievance process procedure. Any pay provided by the Employer for grievance representation is governed by Civil Service rules and regulations. This shall not restrict the right of the Union to have necessary witnesses appear at Step Four (4). A grievance shall state the issue involved, the relief sought, the date the incident or violation took place, and the Section(s) of the Agreement involved. Only related subject matters shall be covered in any one grievance. A grievance may consolidate two or more grievances be amended at any time up to the conclusion of the Step Three (3) conference on the same issue basis of facts previously unknown. If a grievance appeal or response is mailed, it shall be considered as within the time limits if it is postmarked within the time limits. At Step Two (2) and process them as a group grievance Step Three (3), up to two Union Representatives may appear at any step of conference or hearing to represent the grievant. Any pay provided by the Employer for grievance processrepresentation is governed by Civil Service rules and regulations.
P. Upon request, the filing party, either the Union or the employee, at least five (5) days prior to a scheduled hearing, and management, at least three
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Sources: Collective Bargaining Agreement