GRIEVANCES AND ARBITRATION Clause Samples
The Grievances and Arbitration clause establishes a formal process for resolving disputes or complaints that arise between parties, typically in an employment or collective bargaining context. It outlines the steps that must be followed when an employee or union believes there has been a violation of the agreement, often starting with informal discussions and escalating to formal written complaints and, if unresolved, to arbitration by a neutral third party. This clause ensures that disagreements are addressed systematically and fairly, providing a clear mechanism for conflict resolution and helping to prevent prolonged disputes or work disruptions.
GRIEVANCES AND ARBITRATION. Section 1. Where an employee has the right to process a grievance through either the procedure provided herein or through the Pennsylvania Civil Service Commission and files an appeal with the Commission, either the contract grievance procedure shall cease, if the employee has submitted a contract grievance, or the employee shall not be entitled to institute proceedings under the contract grievance procedure. If the appeal to the Commission is withdrawn by the employee or not accepted by the Commission within 15 working days of the date of the occurrence of the action giving rise to the grievance, the processing of a contract grievance filed within the time limits set forth in Section 2 shall be permitted. Additionally, if the appeal to the Commission is not accepted outside the time limits prescribed in Section 2 of this Article, the employee shall be entitled to institute proceedings under the contract grievance procedure within fifteen (15) working days of the date of the Commission’s denial of appeal. Any grievance appealed outside the fifteen (15) working day limit shall be considered untimely filed.
Section 2. Any grievance or dispute which may arise concerning the application, meaning or interpretation of this Agreement shall be settled in the following manner:
Step 1. The grievant shall present the grievance orally or in writing to the immediate supervisor within 15 working days after the date of the occurrence giving rise to the grievance or within 15 working days after the date on which the grievant learned or reasonably should have learned of such occurrence, whichever is later. The immediate supervisor shall attempt to resolve the matter and report a decision to the grievant within 15 working days after its presentation. Grievances presented in writing shall be answered in writing.
Step 2. In the event the grievance is not settled at Step 1, it may be appealed in writing to the head of the division or bureau within 15 working days after the immediate supervisor's response is due. Upon receipt of appeal, the official receiving the appeal shall, within 15 working days, meet with the complainant, if any, and the Federation Representative in an effort to adjust the matter to the satisfaction of all concerned. Within 15 working days after the meeting, the official shall communicate a decision in writing to the complainant, if any, the Federation Representative and the immediate supervisor.
Step 3. An appeal from an unfavorable decision at Step 2 sha...
GRIEVANCES AND ARBITRATION. Should any dispute or grievance arise be tween the Employer and the Union or be tween the Employer and its employees, con cerning the application and/or construction of this Contract, the parties agree that such matter shall be adjusted, if possible, by ne gotiations. In the event the dispute or griev ance cannot be resolved by negotiations within fifteen (15) days after the inception of the matter in dispute, then it shall be sub mitted immediately to a Board of Arbitra tion, consisting of three (3) persons, for final and binding decision. Either party may in stitute said arbitration proceedings by giving the other party notice thereof in writing, naming one person to act on his behalf on said Arbitration Board; and the other party shall, within five (5) days after receipt of such written notice, name one person to act on his behalf on said Arbitration Board. These two so selected shall designate the third member or referee of the Board. In the event these two so selected shall be unable, within fifteen (15) days, to agree upon the third member or referee, then the third mem ber of the Board shall forthwith be desig nated under the rules and procedures of the Federal Mediation and Conciliation Service. The Board shall hold hearings and render its decision in writing within thirty (30) days with respect to a dispute under Article I, Section 1.2(d) and within ninety (90) days with respect to any other dispute. The Board’s decision shall be final and binding upon the grievant employee, the Union and the Employer. The decision of any two mem bers of the Board shall be the decision of the Board. If the parties shall agree upon one person to act as Arbitrator, his decision shall be as binding as that of a Board of Arbitra tion. The compensation and expense, if any, of witnesses and the cost of other evidence shall be borne by the party on whose behalf witnesses are called or the evidence is in troduced. Each party shall pay for the com pensation and expenses of the Arbitrator appointed by it. The compensation and ex penses of the third Arbitrator and all other costs incurred in conducting the arbitration proceedings shall be borne equally by the parties hereto.
GRIEVANCES AND ARBITRATION. Section 1. Having a desire to create and maintain labor relations harmony between them, the parties hereto agree that they will promptly attempt to adjust all disputes involving the interpretation, application or alleged violation of a specific provision of this Agreement and associated supplemental agreements. Addendum B, attached hereto, shall be utilized to resolve grievances.
Section 2. During the processing of any matter under this Article, the Federation agrees not to strike, render unfair reports or cause slowdowns, and the Employer agrees not to lock out employees represented by the Federation.
GRIEVANCES AND ARBITRATION. Section 7.1 The Lodge may file a grievance concerning the meaning, interpretation, application, or alleged violation of the terms and provisions of this Agreement. No matter shall be entertained as a grievance hereunder unless written notice is filed within the time periods referenced in Sections 7.4 and 7.5 after the occurrence of the event or after the Employee or Lodge becomes aware of or reasonably should have been aware of the event giving rise to the grievance. Grievances on subjects listed in Section 7.4 shall only be submitted per Section 7.4. Grievances on subjects listed in Section 7.5 shall only be submitted per Section 7.5.
Section 7.2 The Grievance Committee, hereinafter referred to as "Committee", may assist the Lodge or any member(s) of the bargaining unit with the preparation and submission of a grievance at any level. Three (3) members of Committee may attend a grievance hearing with no loss of pay. Committee may investigate and consider any grievance submitted, and may meet to consider a single grievance or several grievances collectively. Committee shall consist of the Lodge President and the Board of Directors of the Lodge. Committee shall be vested with complete, final and exclusive authority to accept, reject, or otherwise weigh or determine the merits of grievances submitted hereunder by Employees. Employees shall process all grievances through the Lodge and Employer shall only respond to those grievances processed through Committee, presented on the proper Lodge grievance form and signed by a member of the Lodge Grievance Committee. If a grievance is rejected by Committee it shall be considered resolved or withdrawn. The decision by Committee with respect to such matters shall be binding upon the Employee(s) aggrieved.
Section 7.3 In computing any period of time prescribed herein, the day of the act or event from which the designated period of time begins shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, or Sunday or a designated City holiday, in which event the period shall continue until the end of the next day which is not one of the aforementioned days. Provided that all time limits set forth may be extended by the mutual written consent of the grievant'(s) and Employer's representatives. Failure of the Employer to respond to a grievance within the prescribed time period shall automatically initiate the next grievance step as well as the grievant's obligations to comply wit...
GRIEVANCES AND ARBITRATION. Section 1. Having a desire to create and maintain harmonious labor relations, the parties hereto agree that they will promptly attempt to adjust all disputes arising between them involving questions or interpretation or application of the terms and provisions of this Agreement.
GRIEVANCES AND ARBITRATION. It is agreed by both the Company and the Union that any complaint, disagreement or difference of opinion between the two parties and/or the Employees members of IATSE covered under this Agreement concerning the meaning, interpretation or application of this Agreement or any provision thereof, or arising from any claim of breach of non-performance thereof shall be considered a grievance.
GRIEVANCES AND ARBITRATION. 1) Definition A grievance is a complaint, dispute or controversy in which it is claimed that either party has failed in an obligation under this Agreement and which involves the meaning, interpretation or application of this Agreement.
a) Both parties agree that all grievances should be dealt with promptly and every effort should be made to settle grievances as close to the source as possible. DRAFT
b) Should the Administration fail to comply with the time limits herein, the Union may appeal to the next step. Should the Union fail to comply with the time limits herein, the grievance shall be considered abandoned. Time limits may be extended by mutual consent of the parties, which shall not be unreasonably withheld.
3) The following procedure shall be utilized when a grievance is initiated by an employee, a group of employees or the Union:
STEP 1: A grievance must be presented orally to the appropriate immediate supervisor within three (3) working days of occurrence or within three (3) days after it has become known to the employee. The supervisor shall have three (3) days following such presentation to submit his oral response. The employee shall be accompanied by a Union representative if so requested.
STEP 2: If the grievance is not settled at the first step, the Union or the aggrieved may reduce the grievance to writing. The written grievance must be presented to the Department Head within five (5) working days after receipt of the STEP 1 answer. The Department Head shall reply in writing within five (5) working days after receipt of the written grievance.
STEP 3: If the grievance is not settled at STEP 2, the Union may appeal in writing to the Deputy Mayor for Labor Relations. Such appeal must be submitted within seven (7) working days after receipt of the STEP 2 reply. The Deputy Mayor or his designated representative shall meet within ten (10) working days with the Union to attempt to resolve the grievance. The Deputy Mayor shall reply to the Union in writing within ten
GRIEVANCES AND ARBITRATION. Se c t io n 11.1
GRIEVANCES AND ARBITRATION. Section 1. Having a desire to create and maintain labor relations harmony between them, the parties agree that they will promptly attempt to resolve any employee grievance. A grievance shall be defined as a complaint involving the interpretation or application of the terms and provisions of this Agreement by an employee or group of employees.
GRIEVANCES AND ARBITRATION. 1. Purpose If an employee, group of employees, or the Union believes that the Company has either violated the Agreement in how it disciplined or discharged an employee or interpreted or applied the Agreement, the complaint should be settled at the lowest possible level based upon the facts and common sense under the following procedures. The Company will designate a representative(s) at each location where persons covered by this Agreement are employed who is empowered to settle all local grievances not involving change in Company policy, or interpretations, or changes in the intent and purpose of this Agreement.