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 If the appeal to the Commission is withdrawn by the employee or not accepted by the Commission within 15 working days of the date of the occurrence of the action giving rise to the grievance, the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 shall be presented in writing to the department or commission head within 15 working days after the response from Step 2 is due. The department or commission head, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Federation President within 15 working days after receipt of the appeal. A meeting shall be held if requested by either party to make an effort to adjust the matter to the satisfaction of all concerned. The written appeal shall identify the provisions of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee Relations, Office of Administration within 15 working days after the response from Step 3 is due. If either party believes a grievance meeting might serve to resolve the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievance. The Bureau of Employee Relations shall issue a decision in writing to the Federation President within 15 working days after either receipt of the appeal or after the meeting, if one is held. Step 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, serving upon the Bureau of Employee Relations, Office of Administration a notice in writing of the intent to proceed to arbitration. Section 3. If a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final. Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal. Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present at each step of the grievance procedure. Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances. Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties. Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 of the Public Employee Relations Act. Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure. Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case. Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedure, provided, however, the decision at Step 3 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of Administration.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where 1 - All discipline shall be for just cause.
(a) A grievance shall be defined as a claim by an employee has the right to process or employees that 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 provision of this Agreement or a mutually recognized past practice has been violated. Only grievances, as herein defined, shall be settled in subject to the following mannerprocedures:
Step 1. The grievant shall present the : Any 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 shall be presented in writing by the employee or his/her Shop ▇▇▇▇▇▇▇ to the department or commission head appropriate Supervisor within 15 seven (7) calendar days from the time of the alleged violation.
Step 2: After presentation to the appropriate Supervisor, the Supervisor shall respond to the Shop ▇▇▇▇▇▇▇ in writing within twelve (12) working days. The Supervisor may request a specific length of additional time for a response prior to the expiration of the timeline if necessary, and agreement for an extension of this timeline will not be unreasonably withheld by the Shop ▇▇▇▇▇▇▇. If the Shop ▇▇▇▇▇▇▇ does not receive a response from the Supervisor after twelve (12) working days after and no extension of the response from timeline is in place, the Business Representative may advance the grievance to Step 2 3. If the grievance is due. The department or commission headdenied by the Supervisor, labor relations coordinator or labor relations officer the Business Representative may choose to advance the grievance to Step 3 by presenting the grievance to the M&R Manager within seven (7) calendar days of receipt of the denial by the Supervisor.
Step 3: If the Business Representative chooses to advance the grievance to Step 3, the M&R Manager shall communicate a decision respond to the Business Representative in writing to the Federation President within 15 twelve (12) working days after receipt of the appealadvanced grievance. A meeting shall be held if requested by either party to make an effort to adjust the matter The M&R Manager may request a specific length of additional time for a response prior to the satisfaction of all concerned. The written appeal shall identify the provisions expiration of the Agreement timeline if necessary, and agreement for an extension of this timeline will not be unreasonably withheld by the Business Representative. If the Business Representative does not receive a response from the M&R Manager after twelve (12) working days and no extension of the timeline is in disputeplace, the department and employee involvedBusiness Representative may advance the grievance to Step 4. If the grievance is denied by the M&R Manager, and shall include a copy the Business Representative may choose to advance the grievance to Step 4 by presenting the grievance to the Plant Manager within seven (7) calendar days of receipt of the grievance and all prior responses. The grievance shall not be amended after denial from the third step of this procedure. An employee shall beM&R Manager.
Step 4. An appeal from : If the Business Representative chooses to advance the grievance to Step 4, the Business Representative and the Plant Manager, and/or their respective designees, shall meet in an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee Relations, Office of Administration within 15 working days after the response from Step 3 is due. If either party believes a grievance meeting might serve attempt to resolve the dispute, that party shall request a grievance meeting and, upon mutual agreement, within fourteen (14) calendar days of the parties shall meet to discuss Plant Manager’s receipt of the grievance. The Bureau Either Party may request a specific length of Employee Relations additional time for a meeting prior to the expiration of the timeline if necessary, and agreement for an extension of this timeline will not be unreasonably withheld by either Party. After this meeting, the Plant Manager shall issue a decision respond to the Business Representative in writing within fourteen (14) calendar days. If the grievance is denied by the Plant Manager, the Business Representative can choose to advance the Federation President grievance to arbitration within 15 working fourteen (14) calendar days after either of receipt of the appeal or after denial from the meeting, if one is held.
Step 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, serving upon the Bureau of Employee Relations, Office of Administration a notice in writing of the intent to proceed to arbitration.
Section 3. If a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed to be denied and the employee or the Federation may proceed to the next stepPlant Manager. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based Unions serve a timely referral to arbitration on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall Parties will jointly request from the immediate supervisor reasonable time off from regular duties to investigate a Federal Mediation and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights Conciliation Service panel of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 of the Public Employee Relations Act.
Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedure, provided, however, the decision at Step 3 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of Administration.seven
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
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 during the term of this Agreement concerning the application, meaning meaning, or interpretation of this Agreement Agreement, except for grievances alleging a violation of Article 22, shall be settled processed in the following manner:
Step STEP 1. The grievant employee, either alone, or accompanied by an Alliance Representative, or the Alliance Representative, where entitled, shall present the grievance orally or in writing to the immediate supervisor Employer's worksite designee within 15 working days after of the date of the occurrence giving rise to the dispute, or when the employee knew or by reasonable diligence should have known of the occurrence. In no event will the Employer’s worksite designee be a member of any unit (including a "meet and discuss" unit) represented by the Alliance. In addition, in order for a grievance to be discussed at Step 1, the respective Employer worksite designee must have received a written confirmation of the grievance at least 15 working days prior to the prescheduled Step 1 meeting. This period may, however, be modified by mutual agreement. The parties agree that the respective Employer designee and the Alliance counterpart must schedule and meet on a monthly Step 1 basis, if necessary, in order to attempt to resolve all outstanding grievances. At the Step 1 meeting, the parties will advise each other of all of the then-known facts, including witnesses, and furnish copies of relevant reports or investigations upon which the party will rely in proving and/or supporting its respective position. When special circumstances preclude the disclosure of confidential patient, resident, client, student, or inmate information at the Step 1 meeting, the case will be handled in accordance with the agreed upon procedures to be developed by the parties. Any agreed upon final settlement of a grievance reached at Step 1 shall be reduced to writing and signed by the Alliance and the Employer designee. Decisions at Step 1 shall not be used as precedent for any subsequent case. After the Step 1 meeting has been held and the then-known information the parties intend to rely on to support their respective positions has been discussed and exchanged, the respective Employer designee must, if the case is not settled at this point, make a written disposition of the matter to the Alliance within 15 working days from the date of the Step 1 meeting.
STEP 2. If the Step 1 response is not satisfactory or a response has not been received by the Alliance within 15 working days of the Step 1 meeting, the Alliance shall have 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 supervisorEmployer's response is duereceived or due to appeal the decision by filing its grievance with the Joint Pennsylvania State Committee. Upon receipt The Commonwealth and the Pennsylvania State System of appealHigher Education shall operate separate Joint Pennsylvania State Committees. Appeals submitted to either the Commonwealth or Pennsylvania State System of Higher Education State Committee shall be made in writing, in a form to be established by each Committee. The Alliance shall file Commonwealth grievances to the Office of Administration, Bureau of Labor Relations, and shall file Pennsylvania State System of Higher Education grievances to the Office of the Chancellor, Labor Relations Unit, in accordance with established procedures. These offices will officially "docket" all grievances submitted by the Alliance and will furnish official notice confirming the docketing of all cases scheduled to be heard by the respective State Committee, along with the date, place, and time of the scheduled meeting. Dockets will be sent to the affected Employer (Division of Labor Relations), if applicable, and to the Pennsylvania Doctors Alliance. Failure of the Alliance to submit grievances to the Commonwealth or Pennsylvania State System of Higher Education State Committee within the 15 day appeal period specified above shall be cause for the Employer to consider the matter "settled and withdrawn." Any later discovered or developed evidence, not previously disclosed to the other party at the Step 1 meeting, must be submitted to the other side as soon as practical after discovery and/or development, but in no event later than 48 hours before the Step 2 hearing. (See Rule 4, Section 3 of Appendix J for exceptions.) Decisions of the Joint Pennsylvania State Committees shall operate as precedent. However, decisions issued regarding Commonwealth of Pennsylvania grievances filed on or after July 1, 2001 in the grievance and arbitration procedure shall not set precedent for the Pennsylvania State System of Higher Education and may not be entered into the record at any Step of the grievance and arbitration procedure. Decisions issued regarding Pennsylvania State System of Higher Education grievances filed on or after July 1, 2001 in the grievance and arbitration procedure shall not set precedent for the Commonwealth of Pennsylvania and may not be entered into the record at any Step of the grievance and arbitration procedure. The Step 2 Committees shall have the right to hear testimony from both parties, investigate all relevant facts, and render a final and binding decision. Each case shall be considered on its merits and the collective bargaining agreement shall constitute the basis upon which the decision shall be rendered. The Committees shall neither add to, subtract from, nor modify the provisions of the Agreement. The Committees shall be confined to the precise issue submitted, as outlined on the original grievance form, and shall have no authority to determine any other issues not so submitted. If the Committee is unable to reach a decision by majority vote, 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 supervisorwill be considered "deadlocked".
Step STEP 3. An appeal from an unfavorable a deadlocked decision at Step 2 shall be presented in writing to the department or commission head within 15 working days after the response from Step 2 is due. The department or commission head, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Federation President within 15 working days after receipt of the appeal. A meeting shall be held if requested by either party to make an effort to adjust the matter to the satisfaction of all concerned. The written appeal shall identify the provisions of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee Relations, Office of Administration within 15 working days after the response from Step 3 is due. If either party believes a grievance meeting might serve to resolve the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievance. The Bureau of Employee Relations shall issue a decision in writing to the Federation President within 15 working days after either receipt of the appeal or after the meeting, if one is held.
Step 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, serving upon the Bureau of Employee Relations, Office of Administration a Alliance by written notice in writing of the intent to proceed to arbitration.
Section 3. If a This notice must be sent within 15 working days after the deadlocked decision from Step 2 to the Office of Administration, Bureau of Labor Relations and the affected Employer (Division of Labor Relations) for Commonwealth grievances, or to the Office of the Chancellor, Labor Relations Unit for Pennsylvania State System of Higher Education grievances. The impartial arbitrator is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed to be denied and selected by agreement between the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment Co-Chairpersons of the grievance, including respective Joint Pennsylvania State Committee within 15 working days after the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representativenotice has been given. If the Federation representative is parties fail to agree on an employee impartial arbitrator, either party may request the Bureau of Mediation to submit a list of seven possible arbitrators to the respective Co-Chairpersons. The Co-Chairpersons shall, within 15 working days of the Employerreceipt of said list, select the representative shall request arbitrator by alternately striking one name from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7list until one name remains. Conferences and hearings held under this grievance procedure The Employer Chairperson shall strike the first name. Each case shall be scheduled at a time considered on its merits and place the collective bargaining agreement shall constitute the basis upon which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases decision shall be held at a location mutually agreed upon by the parties.
Section 8rendered. Nothing in this Article The arbitrator shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted in accordance with neither add to, subtract from, nor modify the provisions of Section 606 the Agreement. The arbitrator shall be confined to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted. A decision of the Public Employee Relations Act.
Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department Step 2 Joint State Committee or by the Executive Board or the Office of Administration may be processed through the grievance procedure, provided, however, the decision at Step 3 arbitrator shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 on both parties. The arbitrator shall be final and binding as required to issue a rule, regulation, policy, practice and/or procedure issued by decision within 30 days after the Executive Board or Office close of Administrationthe hearing.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
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 l5 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 STEP 1. The grievant employee, either alone or accompanied by the Union representative, or the Union where entitled, shall present the grievance orally or in writing to the immediate supervisor supervisor, or in the case of the Department of Public Welfare, to the District Manager of a district office of a County Assistance Office or to a designated management representative in a single office County Assistance Office, an institution, or a Youth Development Center, within 15 working days after of the date of its occurrence, or when the occurrence giving rise to the grievance employee knew or within 15 working days after the date on which the grievant learned or reasonably by reasonable diligence, should have learned known of such its occurrence, whichever is later. The immediate supervisor or designated management representative shall attempt to resolve the matter and report a the decision to the grievant employee orally or in writing within 15 working days after of its presentation. Grievances presented in writing shall be answered in writing.
Step STEP 2. In the event the grievance is not settled at Step 1, it may the appeal must be appealed presented in writing by the employee or Union representative to the head of his/her division, bureau, institution, or equivalent organizational unit or in the division case of the Department of Public Welfare, to the Executive Director of a County Assistance Office, Institution Superintendent, or bureau Director of a Youth Development Center, within 15 working days after the immediate supervisor's Step I response is duedue or received. Upon receipt of appeal, the The official receiving the appeal shallwritten appeal, within 15 working daysor the designated representative, meet with shall respond in writing to the complainant, if any, employee and the Federation Representative in an effort to adjust the matter to the satisfaction of all concerned. Within Union representative within 15 working days after receipt of the meeting, the official shall communicate a decision in writing to the complainant, if any, the Federation Representative and the immediate supervisorappeal.
Step STEP 3. An appeal from an unfavorable decision at Step 2 shall be presented in writing by the employee or Union representative to the department agency head or commission head designated representative within 15 working days after the response from Step 2 is duedue or received. The department agency head or commission head, labor relations coordinator or labor relations officer designated representative shall communicate a decision respond in writing to the Federation President employee and Union representative within 15 working days after receipt of the appeal.
STEP 4. A meeting shall be held if requested by either party to make an effort to adjust In the matter to event the satisfaction of all concerned. The grievance has not been satisfactorily resolved in Step 3, written appeal shall identify may be made by the provisions of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee Relations, Office of Administration or Union representative within 15 working days after the response from Step 3 is due. If either party believes due or received to the Bureau of Labor Relations, Office of Administration and shall contain a grievance meeting might serve to resolve copy of the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievanceStep 2 and Step 3 decisions. The Bureau of Employee Relations Labor Relations, Office of Administration shall issue a decision in writing to the Federation President employee and/or the Union within 15 working days after either receipt of the appeal or after the meeting, if one is heldappeal.
Step STEP 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, Union serving upon the Bureau of Employee Relations, Office of Administration Employer a notice in writing of the intent to proceed to arbitrationarbitration within 20 working days after the response from Step 4 is due or received. Said notice shall identify the provisions of the Agreement, the department, the employee involved, and a copy of the grievance. The Union may present grievances concerning agency-wide decisions directly to Step 3 within 15 working days of the date of occurrence or when the Union knew or by reasonable diligence, should have known of its occurrence. In addition, if Health & Safety concerns have been discussed with the Local Health & Safety Committee and cannot be resolved, then grievances concerning the issues discussed can be submitted directly to the third step.
Section 3. If The parties will meet and agree upon a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section list of four (4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure) arbitrators. The general procedures relating first two of these arbitrators will be asked to that step shall apply set aside one fixed day (same day each month) in the months of January, March, May, July, September and November. The other two arbitrators will be asked to set aside one fixed day (same day each month) in the presentation months of February, April, June, August, October and adjustment of the grievance, including the right of appeal.
Section 5December. An employee desirous of having representation shall These dates will be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity used for the grievantpurpose of hearing grievances concerning employee discharge or a suspension of thirty (30) days or more, for which the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted Union has requested arbitration in accordance with the contract grievance/arbitration provisions of contained in Section 606 of 2, or for other cases for which the Public Employee Relations Act.
Section 9. The Federation shall have Union has requested arbitration and where the right parties mutually agree to initiate or appeal a grievance at the appropriate step of use this expedited procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedure, provided, however, the decision at Step 3 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of Administration.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee officer 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 officer has submitted a contract grievance, or the employee officer shall not be entitled to institute proceedings under the contract grievance procedure. If the appeal to the Commission is withdrawn by the employee officer 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 during the term of this Agreement, concerning the application, meaning meaning, or interpretation of this Agreement Agreement, except for grievances alleging a violation of Article 23, (Classification) shall be settled processed in the following manner:
Step STEP 1. The grievant officer, either alone, or accompanied by an FOP Lodge #114 Representative, or the FOP Representative, where entitled, shall present the grievance orally or in writing to the immediate supervisor Game Commission’s Labor Relations Coordinator within 15 working days after of the date of the occurrence giving rise to the grievance dispute, or when the officer knew or by reasonable diligence should have known of the occurrence.
STEP 2. If the Step 1 response is not satisfactory or a response has not been received by the FOP within 15 working days of the Step 1 meeting, the FOP shall have 15 working days after the date on which Commonwealth’s response is received or due to appeal the grievant learned or reasonably should have learned of such occurrence, whichever is laterdecision by filing its grievance with the Joint Pennsylvania State Committee. The immediate supervisor FOP 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 file the grievance is not settled at Step 1, it may be appealed in writing to the head Office of the division or bureau within 15 working days after the immediate supervisor's response is due. Upon receipt of appealAdministration, 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 shall be presented in writing to the department or commission head within 15 working days after the response from Step 2 is due. The department or commission head, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Federation President within 15 working days after receipt of the appeal. A meeting shall be held if requested by either party to make an effort to adjust the matter to the satisfaction of all concerned. The written appeal shall identify the provisions of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee RelationsRelations (404 Finance Building, Office of Administration within 15 working days after the response from Step 3 is due. If either party believes a grievance meeting might serve to resolve the disputeHarrisburg, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievancePA 17120) in accordance with established procedures. The Bureau of Employee Relations shall issue a decision in writing will officially "docket" all grievances submitted by the FOP and will furnish official notice confirming the docketing of all cases scheduled to be heard by the Joint State Committee, along with the date, place, and time of the scheduled meeting. Dockets will be sent to the Federation President within 15 working days after either receipt of Pennsylvania Game Commission and to the appeal or after the meetingFOP, if one is heldConservation Police Officers Lodge #114.
Step 5STEP 3. An appeal from an unfavorable a deadlocked decision at Step 4 2 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, serving upon the Bureau of Employee Relations, Office of Administration a FOP by written notice in writing of the intent to proceed to arbitration.
Section 3. If a This notice must be sent within 15 working days after the deadlocked decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed from Step 2 to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 of the Public Employee Relations Act.
Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedureAdministration, providedBureau of Employee Relations, however(404 Finance Building, the decision at Step 3 shall be final and binding as to a ruleHarrisburg, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of AdministrationPA 17120).
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
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 shall be presented in writing to the department or commission head within 15 working days after the response from Step 2 is due. The department or commission head, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Federation President within 15 working days after receipt of the appeal. A meeting shall be held if requested by either party to make an effort to adjust the matter to the satisfaction of all concerned. The written appeal shall identify the provisions of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee Labor Relations, Office of Administration within 15 working days after the response from Step 3 is due. If either party believes a grievance meeting might serve to resolve the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievance. The Bureau of Employee Labor Relations shall issue a decision in writing to the Federation President within 15 working days after either receipt of the appeal or after the meeting, if one is held.
Step 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, serving upon the Bureau of Employee Labor Relations, Office of Administration a notice in writing of the intent to proceed to arbitration.
Section 3. If a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 of the Public Employee Relations Act.
Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedure, provided, however, the decision at Step 3 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of Administration.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
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 l5 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 STEP 1. The grievant employee, either alone or accompanied by the Union representative, or the Union where entitled, shall present the grievance orally or in writing to the immediate supervisor within 15 working days after supervisor, or in the date case of the occurrence giving rise Department of Public Welfare, to the grievance District Manager of a district office of a County Assistance Office 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.designated management
Step STEP 2. In the event the grievance is not settled at Step 1, it may the appeal must be appealed presented in writing by the employee or Union representative to the head of his/her division, bureau, institution, or equivalent organizational unit or in the division case of the Department of Public Welfare, to the Executive Director of a County Assistance Office, Institution Superintendent, or bureau Director of a Youth Development Center, within 15 working days after the immediate supervisor's Step I response is duedue or received. Upon receipt of appeal, the The official receiving the appeal shallwritten appeal, within 15 working daysor the designated representative, meet with shall respond in writing to the complainant, if any, employee and the Federation Representative in an effort to adjust the matter to the satisfaction of all concerned. Within Union representative within 15 working days after receipt of the meeting, the official shall communicate a decision in writing to the complainant, if any, the Federation Representative and the immediate supervisorappeal.
Step STEP 3. An appeal from an unfavorable decision at Step 2 shall be presented in writing by the employee or Union representative to the department agency head or commission head designated representative within 15 working days after the response from Step 2 is duedue or received. The department agency head or commission head, labor relations coordinator or labor relations officer designated representative shall communicate a decision respond in writing to the Federation President employee and Union representative within 15 working days after receipt of the appeal.
STEP 4. A meeting shall be held if requested by either party to make an effort to adjust In the matter to event the satisfaction of all concerned. The grievance has not been satisfactorily resolved in Step 3, written appeal shall identify may be made by the provisions of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee Relations, Office of Administration or Union representative within 15 working days after the response from Step 3 is due. If either party believes due or received to the Bureau of Labor Relations, Office of Administration and shall contain a grievance meeting might serve to resolve copy of the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievanceStep 2 and Step 3 decisions. The Bureau of Employee Relations Labor Relations, Office of Administration shall issue a decision in writing to the Federation President employee and/or the Union within 15 working days after either receipt of the appeal or after the meeting, if one is heldappeal.
Step STEP 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, Union serving upon the Bureau of Employee Relations, Office of Administration Employer a notice in writing of the intent to proceed to arbitrationarbitration within 20 working days after the response from Step 4 is due or received. Said notice shall identify the provisions of the Agreement, the department, the employee involved, and a copy of the grievance. The Union may present grievances concerning agency-wide decisions directly to Step 3 within 15 working days of the date of occurrence or when the Union knew or by reasonable diligence, should have known of its occurrence. In addition, if Health & Safety concerns have been discussed with the Local Health & Safety Committee and cannot be resolved, then grievances concerning the issues discussed can be submitted directly to the third step.
Section 3. If The parties will meet and agree upon a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section list of four (4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure) arbitrators. The general procedures relating first two of these arbitrators will be asked to that step shall apply set aside one fixed day (same day each month) in the months of January, March, May, July, September and November. The other two arbitrators will be asked to set aside one fixed day (same day each month) in the presentation months of February, April, June, August, October and adjustment of the grievance, including the right of appeal.
Section 5December. An employee desirous of having representation shall These dates will be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity used for the grievantpurpose of hearing grievances concerning employee discharge or a suspension of thirty (30) days or more, for which the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted Union has requested arbitration in accordance with the contract grievance/arbitration provisions of contained in Section 606 of 2, or for other cases for which the Public Employee Relations Act.
Section 9. The Federation shall have Union has requested arbitration and where the right parties mutually agree to initiate or appeal a grievance at the appropriate step of use this expedited procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedure, provided, however, the decision at Step 3 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of Administration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
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 l5 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 STEP 1. The grievant employee, either alone or accompanied by the Union representative, or the Union where entitled, shall present the grievance orally or in writing to the immediate supervisor supervisor, or in the case of the Department of Human Services, to the District Manager of a district office of a County Assistance Office or to a designated management representative in a single office County Assistance Office, an institution, or a Youth Development Center, within 15 working days after of the date of its occurrence, or when the occurrence giving rise to the grievance employee knew or within 15 working days after the date on which the grievant learned or reasonably by reasonable diligence, should have learned known of such its occurrence, whichever is later. The immediate supervisor or designated management representative shall attempt to resolve the matter and report a the decision to the grievant employee orally or in writing within 15 working days after of its presentation. Grievances presented in writing shall be answered in writing.
Step STEP 2. In the event the grievance is not settled at Step 1, it may the appeal must be appealed presented in writing by the employee or Union representative to the head of his/her division, bureau, institution, or equivalent organizational unit or in the division case of the Department of Human Services, to the Executive Director of a County Assistance Office, Institution Superintendent, or bureau Director of a Youth Development Center, within 15 working days after the immediate supervisor's Step I response is duedue or received. Upon receipt of appeal, the The official receiving the appeal shallwritten appeal, within 15 working daysor the designated representative, meet with shall respond in writing to the complainant, if any, employee and the Federation Representative in an effort to adjust the matter to the satisfaction of all concerned. Within Union representative within 15 working days after receipt of the meeting, the official shall communicate a decision in writing to the complainant, if any, the Federation Representative and the immediate supervisorappeal.
Step STEP 3. An appeal from an unfavorable decision at Step 2 shall be presented in writing by the employee or Union representative to the department agency head or commission head designated representative within 15 working days after the response from Step 2 is duedue or received. The department agency head or commission head, labor relations coordinator or labor relations officer designated representative shall communicate a decision respond in writing to the Federation President employee and Union representative within 15 working days after receipt of the appeal.
STEP 4. A meeting shall be held if requested by either party to make an effort to adjust In the matter to event the satisfaction of all concerned. The grievance has not been satisfactorily resolved in Step 3, written appeal shall identify may be made by the provisions of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee Relations, Office of Administration or Union representative within 15 working days after the response from Step 3 is due. If either party believes due or received to the Bureau of Labor Relations, Office of Administration and shall contain a grievance meeting might serve to resolve copy of the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievanceStep 2 and Step 3 decisions. The Bureau of Employee Relations Labor Relations, Office of Administration shall issue a decision in writing to the Federation President employee and/or the Union within 15 working days after either receipt of the appeal or after the meeting, if one is heldappeal.
Step STEP 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, Union serving upon the Bureau of Employee Relations, Office of Administration Employer a notice in writing of the intent to proceed to arbitrationarbitration within 20 working days after the response from Step 4 is due or received. Said notice shall identify the provisions of the Agreement, the department, the employee involved, and a copy of the grievance. The Union may present grievances concerning agency-wide decisions directly to Step 3 within 15 working days of the date of occurrence or when the Union knew or by reasonable diligence, should have known of its occurrence. In addition, if Health & Safety concerns have been discussed with the Local Health & Safety Committee and cannot be resolved, then grievances concerning the issues discussed can be submitted directly to the third step.
Section 3. If The parties will meet and agree upon a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section list of four (4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure) arbitrators. The general procedures relating first two of these arbitrators will be asked to that step shall apply set aside one fixed day (same day each month) in the months of January, March, May, July, September and November. The other two arbitrators will be asked to set aside one fixed day (same day each month) in the presentation months of February, April, June, August, October and adjustment of the grievance, including the right of appeal.
Section 5December. An employee desirous of having representation shall These dates will be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity used for the grievantpurpose of hearing grievances concerning employee discharge or a suspension of thirty (30) days or more, for which the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted Union has requested arbitration in accordance with the contract grievance/arbitration provisions of contained in Section 606 of 2, or for other cases for which the Public Employee Relations Act.
Section 9. The Federation shall have Union has requested arbitration and where the right parties mutually agree to initiate or appeal a grievance at the appropriate step of use this expedited procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedure, provided, however, the decision at Step 3 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of Administration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee officer 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 officer has submitted a contract grievance, or the employee officer shall not be entitled to institute proceedings under the contract grievance procedure. If the appeal to the Commission is withdrawn by the employee officer 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 during the term of this Agreement, concerning the application, meaning meaning, or interpretation of this Agreement Agreement, except for grievances alleging a violation of Article 23, (Classification) shall be settled processed in the following manner:
Step STEP 1. The grievant officer, either alone, or accompanied by an FOP Lodge #114 Representative, or the FOP Representative, where entitled, shall present the grievance orally or in writing to the immediate supervisor Game Commission’s Labor Relations Coordinator within 15 working days after of the date of the occurrence giving rise to the grievance dispute, or when the officer knew or by reasonable diligence should have known of the occurrence.
STEP 2. If the Step 1 response is not satisfactory or a response has not been received by the FOP within 15 working days of the Step 1 meeting, the FOP shall have 15 working days after the date on which Commonwealth’s response is received or due to appeal the grievant learned or reasonably should have learned of such occurrence, whichever is laterdecision by filing its grievance with the Joint Pennsylvania State Committee. The immediate supervisor FOP 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 file the grievance is not settled at Step 1, it may be appealed in writing to the head Office of Administration, Bureau of Labor Relations (404 Finance Building, Harrisburg, PA 17120) in accordance with established procedures. The Bureau of Labor Relations will officially "docket" all grievances submitted by the FOP and will furnish official notice confirming the docketing of all cases scheduled to be heard by the Joint State Committee, along with the date, place, and time of the division or bureau within 15 working days after the immediate supervisor's response is duescheduled meeting. 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 Dockets will be sent to the satisfaction of all concerned. Within 15 working days after the meeting, the official shall communicate a decision in writing Pennsylvania Game Commission and to the complainantFOP, if any, the Federation Representative and the immediate supervisorConservation Police Officers Lodge #114.
Step STEP 3. An appeal from an unfavorable a deadlocked decision at Step 2 shall be presented in writing to the department or commission head within 15 working days after the response from Step 2 is due. The department or commission head, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Federation President within 15 working days after receipt of the appeal. A meeting shall be held if requested by either party to make an effort to adjust the matter to the satisfaction of all concerned. The written appeal shall identify the provisions of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee Relations, Office of Administration within 15 working days after the response from Step 3 is due. If either party believes a grievance meeting might serve to resolve the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievance. The Bureau of Employee Relations shall issue a decision in writing to the Federation President within 15 working days after either receipt of the appeal or after the meeting, if one is held.
Step 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, serving upon the Bureau of Employee Relations, Office of Administration a FOP by written notice in writing of the intent to proceed to arbitration.
Section 3. If a This notice must be sent within 15 working days after the deadlocked decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed from Step 2 to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 of the Public Employee Relations Act.
Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedureAdministration, providedBureau of Labor Relations, however(404 Finance Building, the decision at Step 3 shall be final and binding as to a ruleHarrisburg, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of AdministrationPA 17120).
Appears in 1 contract
Sources: Collective Bargaining Agreement
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 Human Relations Commission and files an appeal with or the Equal Employment Opportunity Commission, and that employee files a complaint with either of these Commissions and also initiates a grievance under the contract grievance procedure shall ceaseprocedure, if the parties agree to suspend the processing of the grievance, except for a grievance involving the discharge or promotion of an employee, for the period during which the Commission complaint is being pursued by the employee. When the Commission renders a decision, the employee has submitted a contract grievance, or the employee Union where applicable, shall not be entitled have 12 working days from the date of the Commission decision to institute notify the University to reinstitute 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 STEP 1. The grievant employee, either alone or accompanied by the Union representative, or the Union where entitled, shall present the grievance orally or in writing to the immediate supervisor within 15 University President or management designee with 12 working days after of the date of the its occurrence giving rise to the grievance or within 15 working days after the date on which the grievant learned or reasonably should have learned knowledge of such its 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 STEP 2. In the event the grievance is has not settled been satisfactorily resolved at Step 1, it written appeal may be appealed in writing made by the employee or Union representative to the head Office of the division or bureau Chancellor, Labor Relations within 15 12 working days after the immediate supervisor's response Step 1 decision is due. Upon receipt The appeal shall contain a copy of appeal, the official receiving grievance and a copy of the appeal shall, within 15 working days, meet with the complainantStep 1 decision, 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 supervisorissued.
Step STEP 3. An appeal from an unfavorable decision at Step 2 shall may be presented initiated by the Union serving upon the Office of the Chancellor, Labor Relations a notice in writing of its intent to the department or commission head proceed to arbitration within 15 12 working days after the response from Step 2 decision is due. The department or commission head, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Federation President within 15 working days after receipt of the appeal. A meeting shall be held if requested by either party to make an effort to adjust the matter to the satisfaction of all concerned. The written appeal Said notice shall identify the provisions of the Agreement in disputeAgreement, the department and University, the employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee Relations, Office of Administration within 15 working days after the response from Step 3 is due. If either party believes a grievance meeting might serve to resolve the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievance. The Bureau of Employee Relations shall issue a decision in writing to the Federation President within 15 working days after either receipt of the appeal or after the meeting, if one is held.
Step 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, serving upon the Bureau of Employee Relations, Office of Administration a notice in writing of the intent to proceed to arbitration.
Section 3. If a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present a representative of the Union at each step of the grievance procedureprocedure up to and including Step 2. Regardless of whether or not an employee wants Union representation, a Union representative will be given an opportunity to be present at the adjustment of the grievance and such adjustment will not be inconsistent with the terms of this Agreement.
Section 64. Federation representatives shall be permitted The parties agree to investigate meet and discuss grievances during working hours on at the Employer's premises if notification is given request of either party concerning matters relating to the human resource officer or designated representative. If the Federation representative is an employee processing of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievancesgrievances at any mutually agreed upon worksite.
Section 75. Conferences and hearings held under Step 3 of this grievance procedure shall be scheduled at not apply to grievances, which allege a time and place which will afford a fair and reasonable opportunity for the grievantviolation of Article 23, the Federation Representative and witnesses to attendSections 1 or 3-Classification. Hearings scheduled for suspension cases Such grievances shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted processed in accordance with the provisions Section 2 of Section 606 of the Public Employee Relations Actthat Article.
Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedure, provided, however, the decision at Step 3 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of Administration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee officer 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 officer has submitted a contract grievance, or the employee officer shall not be entitled to institute proceedings under the contract grievance procedure. If the appeal to the Commission is withdrawn by the employee officer 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 STEP 1. The grievant officer either alone or accompanied by the FOP representative or the FOP where entitled, shall present the grievance orally to the Director of the Bureau of Police and Safety or his/her designee within 15 working days of the occurrence or when the employee knew or by reasonable diligence should have known of its occurrence. The Director or a designated representative shall respond in writing to the immediate supervisor officer and the FOP representative within 15 working days after the date receipt 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 writingappeal.
Step 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 1 shall be presented in writing by the officer or FOP representative to the department or commission head Secretary of General Services within 15 10 working days after the response from Step 2 1 is due. The department Secretary of General Services or commission heada designated representative, labor relations coordinator or labor relations officer shall communicate a decision respond in writing to the Federation President officer and FOP representative within 15 working days after receipt of the appeal. A meeting (This Step and paragraph shall be held if requested deleted effective March 10, 2000.)
a. In the event the grievance has not been satisfactorily resolved in Step 2, written appeal may be made by either party to make an effort to adjust the matter officer or FOP representative within 10 working days of the Step 2 decision to the satisfaction Bureau of all concernedLabor Relations, Office of Administration, and shall contain a copy of the Step 1 and Step 2 decisions. The Bureau of Labor Relations, Office of Administration, shall issue a decision in writing to the FOP within 12 working days after receipt of the appeal.
b. Effective March 10, 2000, this Step shall become Step 2 and Subsection a. shall be replaced by the following: In the event the grievance has not been satisfactorily resolved in Step 1, a written appeal shall be submitted by the officer or FOP to the Office of Administration, Bureau of Labor Relations. The written appeal shall identify the provisions be made and postmarked within (15) working days of the Agreement in dispute, the department and employee involved, and Director’s Step 1 written decision. The written appeal to Step 2 shall include contain a copy of the grievance and all prior responsesa copy of the Step 1 decision. A copy will also be sent to the FOP President. Upon receipt of the grievance at Step 2, either the representatives from the Bureau of Labor Relations or the FOP Grievance Board Chairman shall schedule a Grievance Committee meeting consisting of members from the Employer (no more than three) and the FOP Grievance Board (no more than three). The joint committee shall meet at least one day every other month unless the parties mutually agree otherwise. The Grievance Committee shall meet for the purpose of reviewing the grievances previously denied at Step 1 and appealed to Step 2 and matters of seniority addressed in Article 28 Seniority, Section 13 and discipline grieved directly to Step 2. A list of grievances to be discussed shall be sent to the Bureau of Labor Relations representatives and the Director of Personnel under the Secretary of General Services by the FOP Grievance Board Chairman within seven (7) working days prior to the grievance committee meeting. The FOP Grievance Board shall have the authority to settle or withdraw any grievance which does not have merit and/or does not comply with the guidelines established by the FOP.
STEP 3. Effective March 10, 2000, if the grievance is not satisfactorily resolved by the Grievance Committee at Step 2, the grievance may be amended after scheduled for arbitration by the third step FOP Grievance Board Chairman by serving upon the Bureau of this procedure. An employee shall beLabor Relations’ representative notice, within (15) days of the Grievance Committee meeting, of its intent to proceed to arbitration.
Step STEP 4. An appeal from an unfavorable decision at Step 3 shall may be presented initiated by the FOP serving upon the Employer a notice in writing of the intent to the Bureau of Employee Relations, Office of Administration proceed to arbitration within 15 working days after the response from Step 3 is due. If either party believes a grievance meeting might serve to resolve Said notice shall identify the dispute, that party shall request a grievance meeting and, upon mutual agreementprovisions of the Agreement, the parties shall meet to discuss department, the officer involved, and a copy of the original grievance. The Bureau of Employee Relations (This Step and Paragraph shall issue a decision in writing to the Federation President within 15 working days after either receipt of the appeal or after the meetingbe deleted effective March 10, if one is held2000.
Step 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, serving upon the Bureau of Employee Relations, Office of Administration a notice in writing of the intent to proceed to arbitration.)
Section 3. If a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance The FOP shall be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by furnish the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights names and work locations of individual employees or groups grievance representatives and shall notify the Employer of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 of the Public Employee Relations Actany changes.
Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedure, provided, however, the decision at Step 3 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of Administration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where 10.1 A grievance is an actual dispute or controversy concerning the interpretation or application of any provision of this Agreement in connection with a specific act or situation.
10.2 A regular employee who believes he has the right to process a grievance through either may present the procedure provided herein or through the Pennsylvania Civil Service Commission and files an appeal matter in accordance with the Commissionprovisions of this Article either personally or with the assistance of a Union representative.
10.3 Before filing a grievance pursuant to Step 1, 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 seven (7) days of the date of the occurrence of the action giving rise alleged violation, an employee must discuss the matter with his immediate supervisor and attempt 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 filedresolve it.
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 If 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 employee has been unable to resolve the matter by discussing it with his supervisor, he may file a grievance with the next level of management within ten calendar days of the occurrence of the alleged violation. The grievance must be written, and report a decision signed and dated by the aggrieved employee. The grievance shall set forth the nature of the grievance and the facts upon which it is based, the remedy which is desired and the Article or Articles of this Agreement claimed to the grievant within 15 working days after its presentation. Grievances presented in writing shall be answered in writinghave been violated.
Step 2. In the event If the grievance is not settled resolved within seven (7) calendar days after submission at Step 1, it may be appealed in writing to the head of General Manager his designated representative. The written appeal must be presented at this Step 2 no later than the division or bureau within 15 working days fourteenth (14th) calendar day after the immediate supervisor's response is due. Upon receipt of appeal, the official receiving the appeal shall, within 15 working days, meet grievance was filed 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 supervisordepartment head.
Step 3. An If the grievance is not resolved within twenty-five (25) calendar days after submission to the General Manager or his designated representative, it may be appealed to arbitration. Written notice of the appeal from an unfavorable decision at Step 2 to arbitration must be given to the General Manager or his designated representative no later than the thirtieth (30th) calendar day after the appeal was filed with the General Manager or his designated representative. No grievance may be appealed to arbitration unless all of the procedures set forth in this Article have been followed.
10.4 In the event any of the time limits contained in this Article for the filing or appealing of grievances shall be presented in writing to exceeded, the department or commission head within 15 working days after the response from Step 2 is due. The department or commission head, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Federation President within 15 working days after receipt of the appeal. A meeting grievance shall be held if requested by either party to make an effort to adjust considered dropped. Any time limit, except that provided for the matter to the satisfaction of all concerned. The written appeal shall identify the provisions of the Agreement in dispute, the department and employee involved, and shall include a copy initial discussion of the grievance with the immediate supervisor, may be extended by mutual agreement of the Company and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall beUnion.
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing 10.5 After the Union gives notice to the Bureau Company of Employee Relationsits desire to proceed to arbitration, Office the parties, unless they mutually agree to do otherwise, shall jointly request the Federal Mediation and Conciliation Service to furnish a list of Administration within 15 working days after seven (7) arbitrators, from which the response from Step 3 is dueparties shall select the arbitrator. If either party believes a grievance meeting might serve to resolve After the dispute, that party shall request a grievance meeting and, upon mutual agreementlist has been received, the parties shall meet to discuss the grievancealternately strike a name until one (1) remains. The Bureau of Employee Relations one remaining shall be the arbitrator chosen. The party striking first shall be determined by lot.
10.6 The arbitrator shall conduct the hearing only on the controversy at issue a decision as formulated on the written grievance provided for in writing Article 10.3. Both parties shall be allowed to present such evidence and make such argument relating to the Federation President within 15 working days after either receipt controversy as is pertinent. The parties may call such employees as are deemed necessary as witnesses in any proceeding before the arbitrator, and, if an employee is on duty, the Company agrees to arrange for him to appear as a witness, provided it receives forty-eight (48) hours' notice. The party calling him will reimburse him for all expenses, including time lost. Each party shall bear the expense of preparing and presenting its own case. Expenses of the appeal or after the meeting, if one is held.
Step 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, serving upon the Bureau of Employee Relations, Office of Administration a notice arbitrator and incidental expenses mutually agreed to in writing of the intent to proceed to arbitration.
Section 3. If a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance advance shall be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made borne equally by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the both parties.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 10.7 The decision of the Public Employee Relations Act.
Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedure, provided, however, the decision at Step 3 arbitrator shall be final and binding as upon both parties, provided that such decision shall not in any way add to, disregard or modify any of the provisions of this Agreement, or rule on any questions except the one submitted for arbitration.
10.8 The grievance and arbitration procedures constitute the sole and exclusive procedure for the processing and resolution of any grievance. As the representative of the employees, the Union may, at any step in the grievance procedure, settle a grievance or decline to process it further. Any resolution of a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 grievance shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued final.
10.9 Shop Stewards shall be designated by the Executive Board or Office Union and their names shall be supplied to the Company. With authorization from supervision as appropriate, employees and Shop Stewards may briefly discuss matters of Administrationcontract administration during working hours provided such does not unduly interfere with work.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1A. It is agreed to and understood by both parties that there shall be a procedure for the resolution of grievances or misunderstandings between the parties arising from the application or interpretation of this Agreement. Where an employee has This grievance procedure is the exclusive method of resolving disputes relating to the application and interpretation of this Agreement. The Sheriff reserves the right to process discipline, demote, suspend, or discharge a permanent full time employee for just causes; and such action shall be subject to the grievance procedure. An employee may request the presence of a union representative at an interview they feel may lead to disciplinary action. Such interview shall be conducted at a reasonable time. All bargaining unit employees shall be subject to the Firefighter’s ▇▇▇▇ of Rights.
B. Grievances will be processed in the following manner. Upon mutual written consent, the Union and Sheriff may agree to expedite the grievance to a higher step or to proceed arbitration. Prior to initiating a formal grievance, the employee must discuss the alleged grievance with their immediate supervisor outside the bargaining unit. The union will make a good faith effort to provide a copy to Office of the General Counsel. Failure to provide such copy shall not raise a claim of procedural arbitrability. Step 1. Initial Review A written grievance must be presented on a grievance through either form provided by the procedure provided herein Sheriff within thirty (30) calendar days from the date the employee knew or through should have known of the Pennsylvania Civil Service Commission events given rise to an alleged grievance. Upon receipt of a written grievance, the Deputy Chief shall investigate the facts and files an appeal conduct a meeting within ten (10) working days with the Commissiongrievant, either Union, Fire Rescue personnel and any other persons possessing knowledge considered critical by the contract grievance procedure Deputy Chief. The Union will be notified by the Fire Rescue Department of the time and place of such a meeting and shall cease, if the employee has submitted a contract grievance, or the employee shall not be entitled to institute proceedings under attend. The grievant may be accompanied at this meeting by a Union representative. The Deputy Chief shall notify the contract grievance procedure. If grievant and the appeal to Union of the Commission is withdrawn by the employee or not accepted by the Commission decision in writing within 15 ten (10) working days of following 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 filedmeeting.
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 shall be presented in writing to the department or commission head within 15 working days after the response from Step 2 is due. The department or commission head, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Federation President within 15 working days after receipt of the appeal. A meeting shall be held if requested by either party to make an effort to adjust the matter to the satisfaction of all concerned. The written appeal shall identify the provisions of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee Relations, Office of Administration within 15 working days after the response from Step 3 is due. If either party believes a grievance meeting might serve to resolve the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievance. The Bureau of Employee Relations shall issue a decision in writing to the Federation President within 15 working days after either receipt of the appeal or after the meeting, if one is held.
Step 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, serving upon the Bureau of Employee Relations, Office of Administration a notice in writing of the intent to proceed to arbitration.
Section 3. If a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 of the Public Employee Relations Act.
Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedure, provided, however, the decision at Step 3 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of Administration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an A Civil Service employee has the right to may process a his/her grievance through either the procedure provided herein or through the Pennsylvania Civil Service Commission and files appeal procedure or the contract grievance procedure. If an appeal with is filed under the CommissionCivil Service appeal procedure, either while proceedings are taking place under the contract procedure, then the contract grievance procedure shall ceasecease and shall not be permitted to be reinstituted. If an appeal is filed under the Civil Service appeal procedure, if the employee has submitted a contract grievance, or the employee shall not be entitled to institute proceedings under the contract grievance procedure. If , all rights to do so being waived by the appeal to the Commission is withdrawn exercise of an option by the employee or not accepted by to utilize 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 filedCivil Service procedure.
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 STEP 1. The grievant employee, either alone or accompanied by the Association representative or the Association where entitled, shall present the grievance orally or in writing to the immediate supervisor his/her District Office Commander, within 15 working days after of the date of the its occurrence giving rise to the grievance or within 15 working days after the date on which the grievant learned or reasonably should have learned knowledge of such its occurrence, whichever is later. The immediate supervisor District Office Commander shall attempt to resolve the matter and report a his/her decision to the grievant employee in writing within 15 10 working days after of its presentation. Grievances presented in writing shall be answered in writing.
Step STEP 2. In the event the grievance is not settled at Step 1, it may the appeal must be appealed presented in writing by the employee or Association representative to the head of the division or bureau his/her Bureau Director, within 15 7 working days after the immediate supervisorDistrict Office Commander's response is due. Upon receipt of appealThe Bureau Director, the official receiving the appeal shallor his/her designated representative, 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 respond in writing to the complainant, if any, employee and Association representative within 10 working days after receipt of the Federation Representative and the immediate supervisorappeal.
Step STEP 3. An appeal from an unfavorable decision at Step 2 shall be presented in writing by the employee or Association representative to the department or commission head Commissioner within 15 7 working days after the response from Step 2 is due. The department Commissioner or commission head, labor relations coordinator or labor relations officer his/her designated representative shall communicate a decision respond in writing to the Federation President employee and Association representative within 15 10 working days after receipt of the appeal.
STEP 4. A meeting shall be held if requested by either party to make an effort to adjust In the matter to event the satisfaction of all concerned. The grievance has not been satisfactorily resolved at Step 3, written appeal shall identify may be made by the provisions employee or Association representative within 7 working days of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing decision to the Bureau of Employee Labor Relations, Office of Administration within 15 working days after and shall contain a copy of the response from Step 2 and Step 3 is due. If either party believes a grievance meeting might serve to resolve the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievancedecisions. The Bureau of Employee Relations Labor Relations, Office of Administration shall issue a decision in writing to the Federation President Association within 15 10 working days after either receipt of the appeal or after the meeting, if one is heldappeal.
Step STEP 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, Association serving upon the Bureau of Employee Relations, Office of Administration Employer a notice in writing of the intent to proceed to arbitrationarbitration within 7 working days after receipt of the Step 4 decision. Said notice shall identify the provisions of the Agreement and the employee involved, and shall include a copy of the grievance.
Section 3. If a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation a representative of the Association present at each step of the grievance procedureprocedure up to and including Step 4.
Section 64. Federation representatives shall be permitted This Article is not applicable to investigate and discuss grievances Liquor Enforcement Officer Trainees during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievancestheir entire training period.
Section 75. Conferences The Department and hearings held under this grievance procedure shall be scheduled at a time the Association agree to meet and place which will afford a fair and reasonable opportunity discuss for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights purpose of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 of the Public Employee Relations Act.
Section 9. The Federation shall have the right to initiate or appeal establishing a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent numbering/tracking system for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed Step 1 through the grievance procedure, provided, however, the decision at Step 3 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of Administrationgrievances.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee officer 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 officer has submitted a contract grievance, or the employee officer shall not be entitled to institute proceedings under the contract grievance procedure. If the appeal to the Commission is withdrawn by the employee officer 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 during the term of this Agreement, concerning the application, meaning meaning, or interpretation of this Agreement Agreement, except for grievances alleging a violation of Article 23, (Classification) shall be settled processed in the following manner:
Step STEP 1. The grievant officer, either alone, or accompanied by an FOP Lodge #114 Representative, or the FOP Representative, where entitled, shall present the grievance orally in
STEP 2. If the Step 1 response is not satisfactory or in writing to a response has not been received by the immediate supervisor FOP within 15 working days of the Step 1 meeting, the FOP shall have 15 working days after the date of Commonwealth’s response is received or due to appeal the occurrence giving rise to decision by filing its grievance with the Joint Pennsylvania State Committee. The FOP shall file 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 Office of the division or bureau within 15 working days after the immediate supervisor's response is due. Upon receipt of appealAdministration, 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 shall be presented in writing to the department or commission head within 15 working days after the response from Step 2 is due. The department or commission head, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Federation President within 15 working days after receipt of the appeal. A meeting shall be held if requested by either party to make an effort to adjust the matter to the satisfaction of all concerned. The written appeal shall identify the provisions of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee RelationsRelations (404 Finance Building, Office of Administration within 15 working days after the response from Step 3 is due. If either party believes a grievance meeting might serve to resolve the disputeHarrisburg, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievancePA 17120) in accordance with established procedures. The Bureau of Employee Relations shall issue a decision in writing will officially "docket" all grievances submitted by the FOP and will furnish official notice confirming the docketing of all cases scheduled to be heard by the Joint State Committee, along with the date, place, and time of the scheduled meeting. Dockets will be sent to the Federation President within 15 working days after either receipt of Pennsylvania Game Commission and to the appeal or after the meetingFOP, if one is heldConservation Police Officers Lodge #114.
Step 5STEP 3. An appeal from an unfavorable a deadlocked decision at Step 4 2 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, serving upon the Bureau of Employee Relations, Office of Administration a FOP by written notice in writing of the intent to proceed to arbitration.
Section 3. If a This notice must be sent within 15 working days after the deadlocked decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed from Step 2 to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 of the Public Employee Relations Act.
Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedureAdministration, providedBureau of Employee Relations, however(404 Finance Building, the decision at Step 3 shall be final and binding as to a ruleHarrisburg, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of AdministrationPA 17120).
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an A Civil Service employee has the right to may process a his/her grievance through either the procedure provided herein or through the Pennsylvania Civil Service Commission and files appeal procedure or the contract grievance procedure. If an appeal with is filed under the CommissionCivil Service appeal procedure, either while proceedings are taking place under the contract procedure, then the contract grievance procedure shall ceasecease and shall not be permitted to be reinstituted. If an appeal is filed under the Civil Service appeal procedure, if the employee has submitted a contract grievance, or the employee shall not be entitled to institute proceedings under the contract grievance procedure. If , all rights to do so being waived by the appeal to the Commission is withdrawn exercise of an option by the employee or not accepted by to utilize 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 filedCivil Service procedure.
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 STEP 1. The grievant employee, either alone or accompanied by the Association representative or the Association where entitled, shall present the grievance orally or in writing to the immediate supervisor his/her District Office Commander, within 15 working days after of the date of the its occurrence giving rise to the grievance or within 15 working days after the date on which the grievant learned or reasonably should have learned knowledge of such its occurrence, whichever is later. The immediate supervisor District Office Commander shall attempt to resolve the matter and report a his/her decision to the grievant employee in writing within 15 10 working days after of its presentation. Grievances presented in writing shall be answered in writing.
Step STEP 2. In the event the grievance is not settled at Step 1, it may the appeal must be appealed presented in writing by the employee or Association representative to the head of the division or bureau his/her Bureau Director, within 15 7 working days after the immediate supervisorDistrict Office Commander's response is due. Upon receipt of appealThe Bureau Director, the official receiving the appeal shallor his/her designated representative, 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 respond in writing to the complainant, if any, employee and Association representative within 10 working days after receipt of the Federation Representative and the immediate supervisorappeal.
Step STEP 3. An appeal from an unfavorable decision at Step 2 shall be presented in writing by the employee or Association representative to the department Director, Bureau of Human Resources or commission head his/her designated representative within 15 7 working days after the response from Step 2 is due. The department Director, Bureau of Human Resources or commission head, labor relations coordinator or labor relations officer his/her designated representative shall communicate a decision respond in writing to the Federation President employee and Association representative within 15 10 working days after receipt of the appeal.
STEP 4. A meeting shall be held if requested by either party to make an effort to adjust In the matter to event the satisfaction of all concerned. The grievance has not been satisfactorily resolved at Step 3, written appeal shall identify may be made by the provisions employee or Association representative within 7 working days of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing decision to the Bureau of Employee Labor Relations, Office of Administration within 15 working days after and shall contain a copy of the response from Step 2 and Step 3 is due. If either party believes a grievance meeting might serve to resolve the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievancedecisions. The Bureau of Employee Relations Labor Relations, Office of Administration shall issue a decision in writing to the Federation President Association within 15 10 working days after either receipt of the appeal or after the meeting, if one is heldappeal.
Step STEP 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, Association serving upon the Bureau of Employee Relations, Office of Administration Employer a notice in writing of the intent to proceed to arbitrationarbitration within 7 working days after receipt of the Step 4 decision. Said notice shall identify the provisions of the Agreement and the employee involved, and shall include a copy of the grievance.
Section 3. If a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation a representative of the Association present at each step of the grievance procedureprocedure up to and including Step 4.
Section 64. Federation representatives shall be permitted This Article is not applicable to investigate and discuss grievances Liquor Enforcement Officer Trainees during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievancestheir entire training period.
Section 75. Conferences The Department and hearings held under this grievance procedure shall be scheduled at a time the Association agree to meet and place which will afford a fair and reasonable opportunity discuss for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights purpose of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 of the Public Employee Relations Act.
Section 9. The Federation shall have the right to initiate or appeal establishing a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent numbering/tracking system for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed Step 1 through the grievance procedure, provided, however, the decision at Step 3 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of Administrationgrievances.
Appears in 1 contract
Sources: Collective Bargaining Agreement
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. 11.1 Procedures Any grievance or dispute which may arise concerning regarding the application, meaning interpretation or interpretation application of the provisions of this Agreement contract must be submitted for settlement by the aggrieved associate or associates, or by the Union on its own behalf under the procedure as herein provided. This procedure shall be settled in the following manner:(he sole and exclusive method for settlement of such disputes.
Step 1. The grievant Any associate or associates who believe there has been a violation of the terms or conditions of this contract in relation to his or her employment shall present the grievance orally or in writing immediately and promptly take such complaint to the immediate supervisor within 15 working days after the date of the occurrence giving rise supervisor, excepting payroll items (i.e. vacation pay, overtime pay, wages. etc.) or other money matters which shall be filed and handled according 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 laterStep 2. The immediate Such associate and supervisor shall attempt to resolve said complaint No complaint will be considered by any supervisor or representative of the matter and report a decision Employer unless it is brought to the attention of the supervisor or representative of the Employer within seven (7) calendar days of its occurrence, except as hereinafter provided as to wages or when the grievant within 15 working days after would have had reasonable knowledge of its presentationoccurrence. Grievances presented If desired, the grieving associate may be accompanied by a Union ▇▇▇▇▇▇▇ during any meeting referred to in writing shall this Article. Nothing contained herein will be answered construed to eliminate the rights of the Union as provided for elsewhere in writing.this Agreement
Step 2. In the event the grievance is If said associate or associates and supervisor cannot settled at Step 1, it may be appealed in writing to the head of the division or bureau resolve said complaint within 15 working days after the immediate supervisor's response is due. Upon receipt of appealseven (7) calendar days, the official receiving associate or associates shall reduce the appeal shallcomplaint to writing, 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 which shall be presented in writing to the department or commission head within 15 working days after the response from Step 2 is due. The department or commission head, labor relations coordinator or labor relations officer shall communicate considered a decision in writing to the Federation President within 15 working days after receipt of the appeal. A meeting shall be held if requested by either party to make an effort to adjust the matter to the satisfaction of all concernedgrievance. The written appeal grievance shall identify state the provisions Article and section of the Agreement in disputealleged to have been viola1ed, the department and employee involvednature of the violation, the remedy or correction desired, and it shall include a copy of be signed and dated by the grievance associate and all prior responsesthe Union ▇▇▇▇▇▇▇. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee Relations, Office of Administration submitted within 15 working fourteen (14) calendar days after the response from Step 3 is due. If either party believes a grievance meeting might serve to resolve occurrence of the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievance. The Bureau alleged violation of Employee Relations shall issue a decision in writing this contract to the Federation President within 15 working days after either receipt of the appeal or after the meeting, if one is held.
Step 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, serving upon the Bureau of Employee Relations, Office of Administration a notice in writing of the intent to proceed to arbitration.
Section 3. If a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 of the Public Employee Relations Act.
Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedure, Administrator; provided, however, the decision at complaints and grievances as to the amount of money due and payable to any associate for wages, hours worked, vacation allowance and days off may be filed and furnished to the Administrator within thirty (30) calendar days after the occurrence of such
Step 3 3. If the grievance has not been settled by the response in Step 2, the written grievance appeal shall be final and binding as presented to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision Division Human Resources Manager within seven (7) calendar days of receipt of the Administrator's response at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of Administration.Step
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee has Having a desire to create and maintain labor relations harmony between them, the right parties hereto agree that they will promptly attempt to process a grievance through either adjust all disputes involving the procedure provided herein or through the Pennsylvania Civil Service Commission and files an appeal with the Commissioninterpretation, either the contract grievance procedure shall cease, if the employee has submitted a contract grievanceapplication, 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 alleged violation of a specific provision of the date of the occurrence of the action giving rise to the grievance, Agreement.
Section 2. During 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 any matter under this Article, the employee Federation agrees not to strike, render unfair reports or cause slowdowns, and the Employer agrees not to lock out employees represented by the Federation.
Step 1. Any dispute involving the interpretation, application, or alleged violation of a specific provision of this Agreement shall be entitled to institute proceedings under discussed with the contract grievance procedure employee's immediate supervisor within fifteen (15) working days of the date of the Commission’s denial of appealgrievance. Any grievance appealed outside the The immediate supervisor shall have fifteen (15) working day limit shall days to respond. All grievances must 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 discussed with the immediate supervisor prior to the filing of a formal grievance and no formal grievance may be filed until the immediate supervisor has been given opportunity to attempt resolution.
Step 2. If the grievance is not resolved informally, a formal grievance may be presented in writing within 15 ten (10) working days after from the date receipt of the occurrence giving rise immediate supervisor's response of Step 1 to the appropriate Management official. The Management representative at the second step shall have ten (10) working days from the receipt of the
Step 3. If the grievance is not resolved at Step 2, it may be presented to the department director or their designee within ten (10) working days of the receipt of the Step 2 response. The director shall have twenty (20) working days to respond 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 24. 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 Should the matter to the satisfaction of all concerned. Within 15 working days remain unresolved 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 shall be presented in writing to the department or commission head within 15 working days after the response from Step 2 is due. The department or commission head, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Federation President within 15 working days after receipt of the appeal. A meeting shall be held if requested by either party to make an effort to adjust the matter to the satisfaction of all concerned. The written appeal shall identify the provisions of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee Relations, Office of Administration within 15 working days after the response from Step 3 is due. If either party believes a grievance meeting might serve to resolve the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss will jointly contact a mediator within fifteen (15) working days of the grievancedirector’s decision. If there is a cost associated, the parties will equally share costs. This step may be skipped if mutually agreed upon. The Bureau of Employee Relations shall issue a decision in writing to timeline for the Federation President within 15 working days after either receipt of grievance processing will be put on hold until the appeal or after the meeting, if one mediation is heldfinal.
Step 5. An appeal from an unfavorable decision at Step 4 may be initiated by Should the Federation only within 15 working days after the response from Step 4 is due, serving upon the Bureau of Employee Relations, Office of Administration a notice in writing of the intent to proceed to arbitration.
Section 3. If a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievantmatter remain unresolved following mediation, the Federation Representative shall, within fifteen (15) working days of mediation, notify the director and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights Chief of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 of the Public Employee Relations Act.
Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the State Office of Administration may be processed through Labor Relations of its decision to take the grievance procedure, provided, however, the decision at Step 3 shall be to final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of Administrationarbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where 7.01 For the purpose of this Agreement, a grievance is defined as a dispute, claim or complaint involving the interpretation, administration, application or alleged violation of the provisions of this Agreement.
STEP 1 If 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 complaint, he shall discuss it 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 his immediate Supervisor within 15 five (5) working days of after the date of the occurrence of the action circumstances giving rise to the grievance, the processing of a contract grievance filed within the time limits set forth in Section 2 shall be permittedcomplaint have originated or occurred. AdditionallyThe employee may, if he wishes, be accompanied by a ▇▇▇▇▇▇▇. The ▇▇▇▇▇▇▇ shall give notice if the appeal complaint is 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:
as Step 1. The grievant Supervisor shall present the grievance orally or in writing to the immediate supervisor give his decision within 15 three (3) working days. Failing Settlement:
STEP 2 Within three (3) working days after the date decision is given by the immediate Supervisor, the grievance shall be submitted in writing by the Grievance Committee to the Vice-President or designate, and shall include the section(s) of the occurrence Agreement allegedly violated and the redress sought. The decision of the Vice- President or designate shall be delivered in writing within five (5) working days following receipt of submission. Failing Settlement:
STEP 3 Within three (3) working days after the decision is given by the Vice-President or designate, the grievance shall be submitted in writing by the Grievance Committee and shall include the section(s) of the Agreement allegedly violated and the redress sought. A meeting will then be held between the President & CEO or his/her designate and the Grievance Committee, including the Local Union Business Manager or his/her designate, within a further ten (10) working days. The Corporation President & CEO may have such counsel and assistance as he may desire. The decision of the President & CEO shall be delivered in writing within five (5) working days following the meeting.
7.02 It is acknowledged that any claim that a regular employee has been disciplined or discharged without just cause or in a discriminatory manner may be the subject of a grievance.
7.03 Any difference or grievance arising directly between Management and the Union (which shall not include matters that employees are personally entitled to grieve upon) may be submitted in writing by either party at Step 3 within five (5) full working days after the circumstances giving rise to the complaint or grievance have originated or occurred.
7.04 When a group of employees has a complaint or grievance, it may be submitted, by the Grievance Committee in writing at Step 3 within 15 five (5) full 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 circumstances giving rise to the grievant within 15 working days after its presentation. Grievances presented in writing shall be answered in writingcomplaint or grievance have originated or occurred.
Step 2. In the event the grievance is not settled 7.05 All decisions arrived 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, between Management and the Federation Representative in an effort Union with respect 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 shall be presented in writing to the department or commission head within 15 working days after the response from Step 2 is due. The department or commission head, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Federation President within 15 working days after receipt of the appeal. A meeting shall be held if requested by either party to make an effort to adjust the matter to the satisfaction of all concerned. The written appeal shall identify the provisions of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee Relations, Office of Administration within 15 working days after the response from Step 3 is due. If either party believes a grievance meeting might serve to resolve the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievance. The Bureau of Employee Relations shall issue a decision in writing to the Federation President within 15 working days after either receipt of the appeal or after the meeting, if one is held.
Step 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, serving upon the Bureau of Employee Relations, Office of Administration a notice in writing of the intent to proceed to arbitration.
Section 3. If a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 of the Public Employee Relations Act.
Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedure, provided, however, the decision at Step 3 shall be final and binding as to a ruleupon Management, regulation, policy, practice and/or procedure issued by a department or agency the Union and the decision at Step 4 shall employee or employees concerned.
7.06 The time limits provided in this article may be final and binding as to a rule, regulation, policy, practice and/or procedure issued extended by mutual written agreement between the Executive Board or Office of Administrationparties concerned.
Appears in 1 contract
Sources: Collective Agreement
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 Americans with Disabilities Act grievance procedure and files an appeal with through the CommissionADA, 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 ADA grievance procedure is withdrawn by the employee or not accepted by the Commission ADA grievance committee within 15 working fifteen (15) calendar 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 2, Step 1 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 during the term of this Agreement concerning the application, meaning or interpretation of this the Agreement shall be settled processed in the following manner:
Step STEP 1. The grievant employee, either alone or accompanied by the Association representative or the Association through its representative, where entitled, shall present the grievance orally or in writing to the immediate supervisor Office of the Academic Vice-President within 15 working fifteen (15) calendar days after of the date of the occurrence giving rise to the dispute or when the employee knew or by reasonable diligence should have known of the occurrence. The Academic Vice-President or his designee will respond in writing within fifteen (15) calendar days of receipt of the Step 1 grievance.
STEP 2. If the grievance or remains unresolved after Step 1, the employee may submit a written request for a meeting on the grievance to the Office of the President within 15 working fifteen (15) calendar days after of the date on which he or she receives the grievant learned or reasonably should have learned of such occurrenceStep 1 grievance response, 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 shall be presented in writing to the department or commission head within 15 working days after the response from Step 2 is due. The department or commission head, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Federation President within 15 working days after receipt of the appeal. A which meeting shall be held if requested by either party to make an effort to adjust within thirty (30) calendar days. The President or his designee shall provide the matter employee with a written response to the satisfaction of all concerned. The written appeal shall identify the provisions grievance within fifteen (15) calendar days of the Agreement in dispute, the department and employee involved, and shall include a copy date of the meeting.
STEP 3. If the grievance and all prior responses. The grievance shall not be amended remains unresolved after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee Relations2, Office of Administration within 15 working fifteen (15) calendar days after the response from Step 3 President or his designee gives his answer, the bargaining representative may appeal the grievance by requesting, in writing, that the Pennsylvania State Bureau of Mediation submit a list of arbitrators (who shall all be members of the National Academy of Arbitrators) to the College and the Association. The parties shall reply with their preferred selections in accordance with the rules of the Pennsylvania State Bureau of Mediation. The cost of the arbitration and the arbitrator's fee shall be borne equally by the parties. The arbitrator shall not have jurisdiction to add to, modify, vary, change or remove any terms of this agreement. A decision by the arbitrator shall be final and binding on both parties, except where the decision would require an enactment of legislation, in which case it shall be binding only if such legislation is dueenacted. All of the time periods in the Article are mandatory and may only be extended by prior mutual written agreement of the parties. If either party believes an employee does not advance a grievance meeting might serve from one step to resolve the disputenext within the time limits contained in this Article, that party the grievance shall request be deemed resolved in favor of the Employer. If the Employer fails to respond to a grievance meeting and, upon mutual agreementduring any step of the process, the parties grievance shall meet be deemed denied, and the employee may proceed to discuss the next step in the grievance arbitration. If the Employer fails to answer a grievance in the time provided, the time for an employee to advance a grievance to the next step in the process shall commence on the first calendar day after the final date on which the Employer was required to respond to the grievance. The Bureau of Employee Relations shall issue a decision in writing to the Federation President within 15 working days after either receipt of the appeal or after the meeting, if one is held.
Step 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, serving upon the Bureau of Employee Relations, Office of Administration a notice in writing of the intent to proceed to arbitration.
Section 3. If a decision is not made under All of the time limits set forth contained in Steps 1 through 4 this Article may be extended by the appropriate Employer representative, then the grievance mutual agreement. The granting of any extension at any step shall not be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5establish a precedent. An employee desirous of having representation shall be permitted to have only Federation representation a representative of the Association present at each step of the grievance procedure.
procedure up to and including Step 2; subject however, to Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer606, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 VI of the Public Employee Employe Relations Act.
Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedure, provided, however, the decision at Step 3 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of Administration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
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. 11.1 Procedures Any grievance or dispute which may arise concerning regarding the application, meaning interpretation or interpretation application of the provisions of this Agreement contract must be submitted for settlement by the aggrieved associate or associates, or by the Union on its own behalf under the procedure as herein provided. This procedure shall be settled in the following manner:(he sole and exclusive method for settlement of such disputes.
Step 1. The grievant : Any associate or associates who believe there has been a violation of the terms or conditions of this contract in relation to his or her employment shall present the grievance orally or in writing immediately and promptly take such complaint to the immediate supervisor within 15 working days after the date of the occurrence giving rise supervisor, excepting payroll items (i.e. vacation pay, overtime pay, wages. etc.) or other money matters which shall be filed and handled according 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 laterStep 2. The immediate Such associate and supervisor shall attempt to resolve said complaint No complaint will be considered by any supervisor or representative of the matter and report a decision Employer unless it is brought to the attention of the supervisor or representative of the Employer within seven (7) calendar days of its occurrence, except as hereinafter provided as to wages or when the grievant would have had reasonable knowledge of its occurrence. If desired, the grieving associate may be accompanied by a Union ▇▇▇▇▇▇▇ during any meeting referred to in this Article. Nothing contained herein will be construed to eliminate the rights of the Union as provided for elsewhere in this Agreement Step 2: If said associate or associates and supervisor cannot resolve said complaint within 15 working days after its presentation. Grievances presented in writing seven (7) calendar days, the associate or associates shall reduce the complaint to writing, which 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 considered 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 shall be presented in writing to the department or commission head within 15 working days after the response from Step 2 is due. The department or commission head, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Federation President within 15 working days after receipt of the appeal. A meeting shall be held if requested by either party to make an effort to adjust the matter to the satisfaction of all concernedgrievance. The written appeal grievance shall identify state the provisions Article and section of the Agreement in disputealleged to have been viola1ed, the department and employee involvednature of the violation, the remedy or correction desired, and it shall include a copy of be signed and dated by the grievance associate and all prior responsesthe Union ▇▇▇▇▇▇▇. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee Relations, Office of Administration submitted within 15 working fourteen (14) calendar days after the response from Step 3 is due. If either party believes a grievance meeting might serve to resolve occurrence of the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievance. The Bureau alleged violation of Employee Relations shall issue a decision in writing this contract to the Federation President within 15 working days after either receipt of the appeal or after the meeting, if one is held.
Step 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, serving upon the Bureau of Employee Relations, Office of Administration a notice in writing of the intent to proceed to arbitration.
Section 3. If a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 of the Public Employee Relations Act.
Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedure, Administrator; provided, however, the decision at Step 3 complaints and grievances as to the amount of money due and payable to any associate for wages, hours worked, vacation allowance and days off may be filed and furnished to the Administrator within thirty (30) calendar days after the occurrence of such alleged violation relating to such wages. Failure to give such notice of a grievance arising under the terms and conditions of this contract shall constitute a permanent waiver and bar, and the associate or associates shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department forever foreclosed from raising any complaint or agency grievance in regard thereto in any manner whatsoever. The representative of the Employer and the decision Union shall immediately after the submission of such grievance, by mutual negotiation, attempt to arrive at Step 4 a satisfactory settlement thereof. The Employer may be represented by such representative as it shall be final select The Administrator shall give the Union and binding as the associate(s) involved a written response to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office grievance within seven (7) calendar days of Administrationthe grievance meeting.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee has 10.01 For the right to process purpose of this Agreement, a grievance through or complaint is defined as a difference arising either between a member of the procedure provided herein bargaining unit and the Hospital or through between 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 parties hereto relating to the Commission is withdrawn by the employee interpretation, application, administration or not accepted by the Commission within 15 working days alleged violation of the date Agreement.
10.02 The grievance shall identify the nature 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 anyremedy sought, and the Federation Representative in an effort to adjust the matter to the satisfaction of all concerned. Within 15 working days after the meetingshould, 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 shall be presented in writing to the department or commission head within 15 working days after the response from Step 2 is due. The department or commission head, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Federation President within 15 working days after receipt of the appeal. A meeting shall be held if requested by either party to make an effort to adjust the matter to the satisfaction of all concerned. The written appeal shall identify where possible specify the provisions of the Agreement in dispute, which is alleged to have been violated.
10.03 At the department and employee involved, and shall include a copy time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of his/her ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days.
10.04 It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and all prior responsesit is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievance shall not be amended after grievor may have the third step assistance of this procedurea union ▇▇▇▇▇▇▇ if he so desires. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 Such complaint shall be presented in writing to the Bureau of Employee Relations, Office of Administration discussed with his immediate supervisor within 15 working five (5) days after the response from Step 3 is duecircumstances giving rise to it have occurred or ought reasonable to have come to the attention of the employee. If either party believes Failing settlement within the five (5) days, it shall then be taken up as a grievance meeting might serve within five (5) days following his immediate supervisor’s decision in the following manner and sequence:
Step 1 The employee shall submit the grievance, in writing, and signed by him, to resolve the dispute, that party shall request Human Resources Department. The employee may be accompanied by a Union ▇▇▇▇▇▇▇. The Human Resources Department will deliver his decision in writing within five (5) days following the day on which the written grievance meeting and, upon mutual agreement, was presented to him. The Union and the parties shall Hospital may meet to discuss the grievance. The Bureau of Employee Relations shall issue a decision in writing to the Federation President within 15 working days after either receipt of the appeal or after the meeting, if one is held.
Step 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, serving upon the Bureau of Employee Relations, Office of Administration a notice in writing of the intent to proceed to arbitration.
Section 3. If a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for suitable to both parties. Failing settlement, then:
Step 2 Within five (5) days following the grievantdecision in the immediately preceding step, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases grievance shall be submitted in writing to the Human Resources Department. A meeting will then be held at a location mutually agreed upon between the Chief Executive Officer or his/her designate and the designated union representatives who may be accompanied by the parties.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 general representative of the Public Employee Relations Act.
Section 9. The Federation shall have Union, within five (5) days of the right to initiate or appeal a submission of the grievance at Step 2, unless extended by mutual agreement of the appropriate step of this procedure.
Section 10parties. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning of the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedure, provided, however, the decision at Step 3 Hospital shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and delivered in writing within ten (10) days following the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office date of Administrationsuch meeting.
Appears in 1 contract
Sources: Collective Agreement
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 l5 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 STEP 1. The grievant employee, either alone or accompanied by the Union representative, or the Union where entitled, shall present the grievance orally or in writing to the immediate supervisor within 15 working days after supervisor, or in the date case of the occurrence giving rise Department of Public Welfare, to the grievance or within 15 working days after the date on which the grievant learned or reasonably should have learned District Manager 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.a
Step STEP 2. In the event the grievance is not settled at Step 1, it may the appeal must be appealed presented in writing by the employee or Union representative to the head of his/her division, bureau, institution, or equivalent organizational unit or in the division case of the Department of Public Welfare, to the Executive Director of a County Assistance Office, Institution Superintendent, or bureau Director of a Youth Development Center, within 15 working days after the immediate supervisor's Step I response is duedue or received. Upon receipt of appeal, the The official receiving the appeal shallwritten appeal, within 15 working daysor the designated representative, meet with shall respond in writing to the complainant, if any, employee and the Federation Representative in an effort to adjust the matter to the satisfaction of all concerned. Within Union representative within 15 working days after receipt of the meeting, the official shall communicate a decision in writing to the complainant, if any, the Federation Representative and the immediate supervisorappeal.
Step STEP 3. An appeal from an unfavorable decision at Step 2 shall be presented in writing by the employee or Union representative to the department agency head or commission head designated representative within 15 working days after the response from Step 2 is duedue or received. The department agency head or commission head, labor relations coordinator or labor relations officer designated representative shall communicate a decision respond in writing to the Federation President employee and Union representative within 15 working days after receipt of the appeal.
STEP 4. A meeting shall be held if requested by either party to make an effort to adjust In the matter to event the satisfaction of all concerned. The grievance has not been satisfactorily resolved in Step 3, written appeal shall identify may be made by the provisions of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee Relations, Office of Administration or Union representative within 15 working days after the response from Step 3 is due. If either party believes due or received to the Bureau of Labor Relations, Office of Administration and shall contain a grievance meeting might serve to resolve copy of the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievanceStep 2 and Step 3 decisions. The Bureau of Employee Relations Labor Relations, Office of Administration shall issue a decision in writing to the Federation President employee and/or the Union within 15 working days after either receipt of the appeal or after the meeting, if one is heldappeal.
Step STEP 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, Union serving upon the Bureau of Employee Relations, Office of Administration Employer a notice in writing of the intent to proceed to arbitrationarbitration within 20 working days after the response from Step 4 is due or received. Said notice shall identify the provisions of the Agreement, the department, the employee involved, and a copy of the grievance. The Union may present grievances concerning agency-wide decisions directly to Step 3 within 15 working days of the date of occurrence or when the Union knew or by reasonable diligence, should have known of its occurrence. In addition, if Health & Safety concerns have been discussed with the Local Health & Safety Committee and cannot be resolved, then grievances concerning the issues discussed can be submitted directly to the third step.
Section 3. If The parties will meet and agree upon a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section list of four (4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure) arbitrators. The general procedures relating first two of these arbitrators will be asked to that step shall apply set aside one fixed day (same day each month) in the months of January, March, May, July, September and November. The other two arbitrators will be asked to set aside one fixed day (same day each month) in the presentation months of February, April, June, August, October and adjustment of the grievance, including the right of appeal.
Section 5December. An employee desirous of having representation shall These dates will be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity used for the grievantpurpose of hearing grievances concerning employee discharge or a suspension of thirty (30) days or more, for which the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 of the Public Employee Relations Act.
Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which Union has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedure, provided, however, the decision at Step 3 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of Administration.requested
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 9.1 A grievance is an actual dispute or controversy concerning the interpretation or application of any provision of this Agreement in connection with a specific act or situation.
9.2 Before filing a grievance pursuant to Step 1 of this Article, it is suggested that the employee and/or Union Representative discuss the matter with their immediate supervisor and attempt to resolve it.
Step 1. Where an employee has the right to process The Union Representative may file 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 next supervisory level within 15 working thirty (30) calendar days of the date of the occurrence of the action giving rise alleged violation. The grievance must be written, and signed and dated by the aggrieved employee and/or Union Representative. The grievance shall set forth the nature of the grievance and the facts upon which it is based, the
Step 2. If the grievance is not resolved within seven (7) calendar days after submission to the grievancenext supervisory level, the processing of a contract grievance filed within the time limits set forth in Section 2 shall it may be permitted. Additionally, if the appeal appealed to the Commission third supervisory level. The written appeal must be presented to the third supervisory level no later than the fourteenth (14th) calendar day after the grievance was filed. Should there be no third supervisory level, this Step 2 will be bypassed and the grievance will move to Step 3.
Step 3. If the grievance is not accepted outside resolved within seven (7) calendar days after submission to the time limits prescribed in Section 2 of this Articlethird supervisory level, it will then be addressed by the employee shall Union’s Business Manager or authorized representative and the Company’s Manager, Labor Relations or authorized representative for possible resolution. Such meeting will be entitled to institute proceedings under the contract grievance procedure conducted 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 after being referred 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 writingrespective parties at this step.
Step 24. In the event If the grievance is not settled resolved at Step 1any of the above noted steps, it may be appealed in writing to arbitration. Written notice of the appeal to arbitration must be given to the head Director, Labor Relations or their authorized representative no later than the thirtieth (30th) calendar day after the appeal was filed with the Manager, Labor Relations or authorized representative. No grievance may be appealed to arbitration unless all of the division procedures set forth in this Article have been followed.
9.3 In the event any of the time limits contained in this Article for the filing or bureau within 15 working days after the immediate supervisor's response is due. Upon receipt appealing of appealgrievances shall be exceeded, the official receiving grievance shall be considered dropped. Any time limit, or exclusion of any of the appeal shallabove steps, within 15 working daysincluding that provided for in the initial filing of the grievance, meet with may be extended or by-passed by mutual agreement of the complainant, if any, Company and the Federation Representative in an effort to adjust Union.
9.4 After the matter Union gives notice to the satisfaction Company of all concerned. Within 15 working days after the meetingits desire to proceed to arbitration, the official parties, unless they mutually agree to do otherwise, shall communicate jointly request the Federal Mediation and Conciliation Service (FMCS) to furnish a decision in writing to list of seven (7) arbitrators, from which the complainant, if any, parties shall select the Federation Representative and the immediate supervisor.
Step 3arbitrator. An appeal from an unfavorable decision at Step 2 The FMCS shall be presented in writing directed to the department or commission head within 15 working days after the response from Step 2 provide a list which is due. The department or commission head, labor relations coordinator or labor relations officer shall communicate limited to people with at least five (5) years of experience as an arbitrator and who is a decision in writing to the Federation President within 15 working days after receipt member of the appealNational Academy of Arbitrators. A meeting shall be held if requested by either party to make an effort to adjust After the matter to the satisfaction of all concerned. The written appeal shall identify the provisions of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee Relations, Office of Administration within 15 working days after the response from Step 3 is due. If either party believes a grievance meeting might serve to resolve the dispute, that party shall request a grievance meeting and, upon mutual agreementlist has been received, the parties shall meet to discuss the grievancealternately strike a name until only one (1) remains. The Bureau of Employee Relations one (1) remaining shall be the arbitrator chosen. The party striking first shall be determined by lot.
9.5 The arbitrator shall conduct the hearing only on the controversy at issue a decision as formulated on the written grievance provided for in writing Article 9.2. Both parties shall be allowed to present such evidence and make such argument relating to the Federation President within 15 working days after either receipt controversy as is pertinent. The parties may call such employees as are deemed necessary as witnesses in any proceeding before the arbitrator, and, if an employee is on duty, the Company agrees to arrange for them to appear as a witness, provided it receives forty eight (48) hours’ notice. The party calling them will reimburse them for all expenses, including time lost. Each party shall bear the expense of preparing and presenting its own case. Expenses of the appeal or after the meeting, if one is held.
Step 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, serving upon the Bureau of Employee Relations, Office of Administration a notice arbitrator and incidental expenses mutually agreed to in writing of the intent to proceed to arbitration.
Section 3. If a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance advance shall be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made borne equally by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the both parties.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 9.6 The decision of the Public Employee Relations Act.
Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedure, provided, however, the decision at Step 3 arbitrator shall be final and binding as upon both parties, provided that such
9.7 These grievance and arbitration procedures constitute the sole and exclusive procedure for the processing and resolution of any grievance. As the representative of the employees, the Union may, at any step in the grievance procedure, settle a grievance or decline to process it further. Any resolution of a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 grievance shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued final.
9.8 The Shop Stewards shall be designated by the Executive Board Union and their names shall be supplied to the Company. All meetings with the Company representatives on grievance matters shall be conducted after the conclusion of the workday. An employee who believes that he has a grievance may briefly bring the matter to the attention of their supervisor or Office a Shop ▇▇▇▇▇▇▇ during working hours so long as doing so does not result in a work stoppage or slowdown or any other interference with the work of Administrationany employee.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee officer 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 officer has submitted a contract grievance, or the employee officer shall not be entitled to institute proceedings under the contract grievance procedure. If the appeal to the Commission is withdrawn by the employee officer 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 during the term of this Agreement, concerning the application, meaning meaning, or interpretation of this Agreement Agreement, except for grievances alleging a violation of Article 23, (Classification) shall be settled processed in the following manner:
Step STEP 1. The grievant officer, either alone, or accompanied by an FOP Lodge #114 Representative, or the FOP Representative, where entitled, shall present the grievance orally or in writing to the immediate supervisor Game Commission’s Labor Relations Coordinator within 15 working days after of the date of the occurrence giving rise to the dispute, or when the officer knew or by reasonable diligence should have known of the occurrence. In addition, in order for a grievance to be discussed at Step 1, the Game Commission Labor Relations Coordinator must have received a written confirmation of the grievance at least 15 working days prior to the prescheduled Step 1 meeting. This period may, however, be modified by mutual agreement. The parties agree that the Game Commission Labor Relations Coordinator or his designee and the FOP counterpart must schedule and meet on a monthly Step 1 basis, if necessary, in order to attempt to resolve all outstanding grievances. The location of the Step 1 meetings will be determined by the parties each month, but will generally be held at one of the Regional Offices of the Game Commission or in Harrisburg. At the Step 1 meeting, the parties will advise each other of all of the then-known facts, including witnesses, and furnish copies of relevant reports or investigations upon which the party will rely in proving and/or supporting its respective position. Any agreed upon final settlement of a grievance reached at Step 1 shall be reduced to writing and signed by the FOP and the Game Commission Labor Relations Coordinator. Decisions at Step 1 shall not be used as precedent for any subsequent case, unless the parties agree in writing as part of a Step 1 grievance settlement. After the Step 1 meeting has been held and the then-known information the parties intend to rely on to support their respective positions has been discussed and exchanged, the respective Game Commission Labor Relations Coordinator must, if the case is not settled at this point, make a written disposition of the matter to the FOP within 15 working days from the date of the Step 1 meeting.
STEP 2. If the Step 1 response is not satisfactory or a response has not been received by the FOP within 15 working days of the Step 1 meeting, the FOP shall have 15 working days after the date on which Commonwealth’s response is received or due to appeal the grievant learned or reasonably should have learned of such occurrence, whichever is laterdecision by filing its grievance with the Joint Pennsylvania State Committee. The immediate supervisor FOP 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 file the grievance is not settled at Step 1, it may be appealed in writing to the head Office of Administration, Bureau of Labor Relations (404 Finance Building, Harrisburg, PA 17120) in accordance with established procedures. The Bureau of Labor Relations will officially "docket" all grievances submitted by the FOP and will furnish official notice confirming the docketing of all cases scheduled to be heard by the Joint State Committee, along with the date, place, and time of the division scheduled meeting. Dockets will be sent to the Pennsylvania Game Commission and to the FOP, Conservation Police Officers Lodge #114. Failure of the FOP to submit grievances to the Pennsylvania Joint State Committee within the 15 day appeal period specified above shall be cause for the Commonwealth to consider the matter "settled and withdrawn." Any later discovered or bureau within 15 working days developed evidence, not previously disclosed to the other party at the Step 1 meeting, must be submitted to the other side as soon as practical after discovery and/or development, but in no event later than 48 hours (excluding holidays and Saturdays/Sundays) before the immediate supervisor's response Step 2 Committee hearing. (See Rule 4, Section 3 of Appendix E for exceptions.) The Step 2 State Committee shall have the right to hear testimony from both parties, investigate all relevant facts, and render a final and binding decision. Each case shall be considered on its merits and the collective bargaining agreement shall constitute the basis upon which the decision shall be rendered. Decisions of the Joint Pennsylvania State Committee shall not operate as precedent, unless the parties agree in writing as a part of a Step 2 decision. The Committee shall neither add to, subtract from, nor modify the provisions of the Agreement. The Committee shall be confined to the precise issue submitted, as outlined on the original grievance form, and shall have no authority to determine any other issues not so submitted. If the Committee is due. Upon receipt of appealunable to reach a decision by majority vote, 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 supervisorwill be considered "deadlocked".
Step STEP 3. An appeal from an unfavorable a deadlocked decision at Step 2 shall be presented in writing to the department or commission head within 15 working days after the response from Step 2 is due. The department or commission head, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Federation President within 15 working days after receipt of the appeal. A meeting shall be held if requested by either party to make an effort to adjust the matter to the satisfaction of all concerned. The written appeal shall identify the provisions of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee Relations, Office of Administration within 15 working days after the response from Step 3 is due. If either party believes a grievance meeting might serve to resolve the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievance. The Bureau of Employee Relations shall issue a decision in writing to the Federation President within 15 working days after either receipt of the appeal or after the meeting, if one is held.
Step 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, serving upon the Bureau of Employee Relations, Office of Administration a FOP by written notice in writing of the intent to proceed to arbitration.
Section 3. If a This notice must be sent within 15 working days after the deadlocked decision from Step 2 to the Office of Administration, Bureau of Labor Relations, (404 Finance Building, Harrisburg, PA 17120). The impartial arbitrator is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed to be denied and selected by agreement between the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment respective Co- Chairpersons of the grievance, including Joint Pennsylvania State Committee within 15 working days after the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representativenotice has been given. If the Federation representative is parties fail to agree on an employee impartial arbitrator, either party may request the American Arbitration Association to submit a list of seven possible arbitrators to the respective Co- Chairpersons. The Co-Chairpersons shall, within 15 working days of the Employerreceipt of said list, select the representative shall request arbitrator by alternately striking one name from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7list until one name remains. Conferences and hearings held under this grievance procedure The Commonwealth Chairperson shall strike the first name. Each case shall be scheduled at a time considered on its merits and place the collective bargaining agreement shall constitute the basis upon which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases decision shall be held at a location mutually agreed upon by the parties.
Section 8rendered. Nothing in this Article The arbitrator shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted in accordance with neither add to, subtract from, nor modify the provisions of Section 606 the Agreement. The arbitrator shall be confined to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted. A decision of the Public Employee Relations Act.
Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department Step 2 Joint State Committee or by the Executive Board or the Office of Administration may be processed through the grievance procedure, provided, however, the decision at Step 3 arbitrator shall be final and binding as on both parties. The arbitrator shall be required to issue a rule, regulation, policy, practice and/or procedure issued by a department or agency decision within 30 days after the close of the hearing. Both the Commonwealth and the decision at Step 4 shall Union recognize that the period between the first day of archery season till the end of muzzleloader season is an extremely busy time for all Pennsylvania Game Commission Personnel. In view of this recognition, both parties agree to attempt to avoid the scheduling of non-discharge arbitration cases during this period of time, unless there exists a case with a substantial monetary dispute. Arbitration of grievances alleging a violation of Article 25, Sections 4, 5, 6, 7, and 8, will be final and binding conducted by an Arbitration Panel as to a ruledescribed in Article 25, regulation, policy, practice and/or procedure issued by the Executive Board or Office of AdministrationSection 12.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee Any employee, or foe PBA, has the right to process a and may talk to foe Chiefo f Police about any questions or problems that may arise. 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, be filed no later than 30 calendar days after foe PBA or the employee shall becomes aware o f the violation. Effective November 24,2014, foe grievance and arbitration procedure does not apply to disciplinary matters, which will be entitled to institute proceedings under governed by 5711-q o f the contract grievance procedureNew York State Unconsolidated Laws. 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 difference arises concerning the applicationmeaning, meaning application or interpretation of the terms of this Agreement Agreement, it shall be resolved in accordance with thefollovdngprocedure: - — — ----------------------------------
STEP 1 - CHIEF OF POLICE A grievance of an employee shall first be discussed with foe Chief o f Police, foe employee, if filed by an employee, end foe individual designated by foe PBA to handle the grievance. If foe grievance is not settled in the following manner:
Step 1. The grievant shall present the grievance orally or in writing to the immediate supervisor within 15 working calendar days after the date of the occurrence giving rise presentation, it may be submitted 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 writingStep 2 - Village Manager.
Step 2. In the event the STEP 2 - VILLAGE MANAGER If a grievance is not settled at Step 11 - Chief o f Police, it the grievance may be appealed in writing presented to die Village Manager. The Village Manager shall schedule a meeting consisting o f the head of Chief o f Police, ▇▇▇▇▇▇▇▇'▇▇▇▇▇▇▇ 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 complainantemployee, if anyfiled by an employee, and the Federation Representative individual designated by the PBA to handle the grievance, and such other representatives as the PBA and Village may choose to have present If the grievance is not settled within 15 calendar days o f the presentation at this Step, the grievance may be submitted to Step 3 - Arbitration. STEP 3 - ARBITRATION If a grievance is not settled at Step 2, the PBA may file a Demand for Arbitration within 30 calendar days following the date of the meeting as set forth in an effort to adjust the matter Step 2 to the satisfaction of American Arbitration Association (AAA) pursuant to the Rules in effect at that ▇▇▇ ▇. The parties retain the right prior to the PBA filing a Demand for Arbitration with AAA to agree on an arbitrator to hear the grievance. Effective for all concerned. Within 15 working days demands for arbitration filed on or after the meetingJuly 27,2015, the official shall communicate Arbitrator will be selected in rotating alphabetical order from the following panel: ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ and ▇▇. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇. Any arbitrator^) may be removed from the panel by a decision in writing party upon written notice to the complainant, if any, the Federation Representative and the immediate supervisor.
Step 3. An appeal from an unfavorable decision at Step 2 shall other to be presented in writing to the department or commission head within 15 working days after the response from Step 2 is due. The department or commission head, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Federation President within 15 working days after receipt of the appeal. A meeting shall be held if requested received by either party to make an effort to adjust the matter to the satisfaction of all concerned. The written appeal shall identify the provisions of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee Relations, Office of Administration within 15 working days after the response from Step 3 is due. If either party believes a grievance meeting might serve to resolve the dispute, that party shall request a grievance meeting and, upon mutual agreementby not later than December 1 each calendar year. Should this occur, the parties shall will immediately meet to discuss attempt to agree upon a replacem ents). Failure to agree upon a replacem ents) will not be subject to the grievancegrievance or arbitration procedure, PERB or court jurisdiction, or other third party review, except that, if the panel contains fewer than two names for one or more months, then a party w ill have the unilateral option, on written notice to the other, to replace the panel for grievances not then pending with arbitration through the AAA. The Bureau of Employee Relations shall issue a decision in writing to fees and expenses o f the Federation President within 15 working days after either receipt of the appeal or after the meeting, if one is held.
Step 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, serving upon the Bureau of Employee Relations, Office of Administration a notice in writing of the intent to proceed to arbitration.
Section 3. If a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance arbitrator shall be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon borne equally by the parties.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 of the Public Employee Relations Act.
Section 9. The Federation Village and the PBA shall have bear the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10expenses o f their respective witnesses and any other expenses they m ay incur. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning of the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedure, provided, however, the decision at Step 3 arbitrator shall be final and binding as binding, but the arbitrator shall have no jurisdiction, power o r authority to a ruleamend, regulationmodify, policysupplement, practice and/or procedure issued by a department vary or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of Administration.disregard any provision o f this Agreement
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where 10.01 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible and it is understood that an employee has no grievance until he has first given the right Employer an opportunity of adjusting the complaint. A duly authorized representative of the Local Union shall assist the employee(s) in working out their complaints to process a the designated representative of the Employer. Failing satisfactory settlement, then; A grievance through either will be submitted in writing directly to the procedure provided herein or through the Pennsylvania Civil Service Commission and files an appeal Employer. The Employer shall meet with the Commission, either the contract grievance procedure Grievor and ▇▇▇▇▇▇▇ and 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 give his answer in writing to the immediate supervisor within 15 grievance not later than five (5) working days after such meeting. Failing satisfactory settlement, then; Within a period of two (2) weeks, the date Grievor, ▇▇▇▇▇▇▇ and a Representative of COPE shall meet with the occurrence giving rise UNITE HERE Local 75 President or her/his designate to review the grievance or case. The Employer shall render a decision within 15 five (5) working days after such meeting. Failing satisfactory settlement, then; The grievance may be submitted to arbitration in accordance with the date on which Ontario Labour Relations Act.
10.02 The compensation of 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 arbitrator 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 shall be presented in writing to the department or commission head within 15 working days after the response from Step 2 is due. The department or commission head, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Federation President within 15 working days after receipt of the appeal. A meeting shall be held if requested by either party to make an effort to adjust the matter to the satisfaction of all concerned. The written appeal shall identify the provisions of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee Relations, Office of Administration within 15 working days after the response from Step 3 is due. If either party believes a grievance meeting might serve to resolve the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievance. The Bureau of Employee Relations shall issue a decision in writing to the Federation President within 15 working days after either receipt of the appeal or after the meeting, if one is held.
Step 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, serving upon the Bureau of Employee Relations, Office of Administration a notice in writing of the intent to proceed to arbitration.
Section 3. If a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon borne equally by the parties.
Section 8(a) The Employer shall not discipline an employee without prior warning. Nothing The employee shall be accompanied by a union representative of the employee’s choice, provided that the meeting can be scheduled within one (1) week, or longer if both parties agree to extend the time period. The employee and their representative shall be given reasonable notice of the Employer’s desire to meet for a disciplinary meeting, including the reasons for such meeting. The Employer shall give written notice of such a meeting which may be sent via electronic mail to the stewards, the affected employee and the COPE staff representative. In the event of a claim that he/she has been disciplined or discharged unjustly or unreasonably, such claim shall be subject to the grievance and arbitration procedure above.
(b) It is agreed that in the exercise of disciplinary rights for just cause under this collective agreement, the Employer shall not impose an unpaid suspension if warranted, but shall in its place impose a “working suspension”. This does not limit or restrict the Employer for imposing any other disciplinary measures as it sees fit or for any employee to file a grievance on the matter.
(c) A record of disciplinary action shall be removed from an employee’s file if there are no further incidents of the same nature in an eighteen (18) month period.
(d) The Employer agrees to recognize the principles of progressive discipline when considering disciplining or discharging employees covered by this Agreement.
(e) The Employer shall provide to the employee, in writing, the reasons for any such disciplinary action.
10.04 Any and all time limits fixed by this Article shall interfere with may, at any time, be extended by mutual agreement between the rights of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 of the Public Employee Relations Act.
Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedure, provided, however, the decision at Step 3 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department or agency Employer and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of AdministrationUnion.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee officer 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 officer has submitted a contract grievance, or the employee officer shall not be entitled to institute proceedings under the contract grievance procedure. If the appeal to the Commission is withdrawn by the employee officer 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:Agreement, or relating to entitlement to benefits under Act 193 of 1935,
Step STEP 1. The grievant officer either alone or accompanied by the FOP representative or the FOP where entitled, shall present the grievance orally to the Director of the Bureau of Police and Safety or his/her designee within 15 working days of the occurrence or when the employee knew or by reasonable diligence should have known of its occurrence. The Director or a designated representative shall respond 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, officer 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 shall be presented in writing to the department or commission head within 15 working days after the response from Step 2 is due. The department or commission head, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Federation President FOP representative within 15 working days after receipt of the appeal. A meeting If the Commonwealth wishes to initiate a grievance regarding an officer’s entitlement to Heart and Lung Act benefits (including but not limited to termination, suspension or modification of benefits or the reasonableness or necessity of medical treatment), that grievance will commence immediately at Step 3 of the grievance procedure.
STEP 2. In the event the grievance has not been satisfactorily resolved in Step 1, a written appeal shall be held if requested submitted by either party to make an effort to adjust the matter officer or FOP to the satisfaction Office of all concernedAdministration, Bureau of Employee Relations. The written appeal shall identify the provisions be made and postmarked within 15 working days of the Agreement in dispute, the department and employee involved, and Director’s Step 1 written decision. The written appeal to Step 2 shall include contain a copy of the grievance and all prior responsesa copy of the Step 1 decision. The A copy will also be sent to the FOP President.
STEP 3. If the grievance shall is not be amended after satisfactorily resolved by the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision Grievance Committee at Step 3 shall be presented in writing to the Bureau of Employee Relations, Office of Administration within 15 working days after the response from Step 3 is due. If either party believes a grievance meeting might serve to resolve the dispute, that party shall request a grievance meeting and, upon mutual agreement2, the parties shall meet to discuss the grievance. The Bureau of Employee Relations shall issue a decision in writing to the Federation President within 15 working days after either receipt of the appeal or after the meeting, if one is held.
Step 5. An appeal from an unfavorable decision at Step 4 grievance may be initiated scheduled for arbitration by the Federation only within 15 working days after the response from Step 4 is due, FOP Grievance Board Chairman by serving upon the Bureau of Employee Relations’ representative notice, Office of Administration a notice in writing within fifteen (15) days of the Grievance Committee meeting, of its intent to proceed to arbitration. The Commonwealth may schedule a grievance for arbitration related to an officer’s entitlement to benefits under the Heart and Lung Act by serving upon the FOP Grievance Board Chairman notice of its intent to proceed to arbitration.
Section 3. If a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance The FOP shall be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by furnish the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights names and work locations of individual employees or groups grievance representatives and shall notify the Employer of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 of the Public Employee Relations Actany changes.
Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedure, provided, however, the decision at Step 3 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of Administration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an No employee has shall have or exercise any of the right to process authorities, powers, or duties of a grievance through either the procedure provided herein or through the Pennsylvania Civil Service Commission and files an appeal representative in dealing with the Commissionemployer unless the Association files written notice of this appointment with the employer. Representatives shall be permitted to adjust grievances during working hours, either provided, however, that no Representative shall leave the contract grievance procedure shall cease, if Representative’s regular work for the employee has submitted a contract grievance, or purpose of adjusting grievances without reporting to and obtaining the employee permission of the Representative’s supervisor. Time spent in handling grievances shall not be entitled to institute proceedings under unreasonable or exclusive. For the contract grievance procedure. If purpose of this Agreement, the appeal term “grievance” shall mean a complaint by an employee that there is a disagreement or dispute as to the Commission is withdrawn by the employee meaning or not accepted by the Commission within 15 working days application of the date any provision of the occurrence of the action giving rise to the grievancethis Agreement. Should any grievance arise, the processing procedure of a contract grievance filed within the time limits set forth in Section 2 settlement shall be permitted. Additionallyin the following order and manner: The Representative, if with or without the appeal to employee, shall take up 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 with the application, meaning or interpretation Chief 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 department within 15 working thirty (30) 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 employee’s knowledge of such its occurrence, whichever is later. The immediate supervisor Chief shall attempt to resolve adjust the matter and report shall render a decision to the grievant within 15 working days after its presentation. Grievances presented Representative in writing within fourteen (14) days; If said grievance has not been settled the Association Representative or an appropriate Association Grievance Committee shall be answered in writing.
Step 2. In the event the grievance is not settled at Step 1, present it may be appealed in writing to the head of the division City Manager or bureau designee within 15 working fourteen (14) days after the immediate supervisor's response Police Chief’s decision is duerendered. 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 The City Manager or designee shall render a decision to the satisfaction of all concerned. Within 15 working Association or its Grievance Committee in writing within fourteen (14) days after the meeting, the official shall communicate a decision in writing presented to the complainantCity Manager or designee; If said grievance is still unsettled, if any, the Federation Representative and the immediate supervisor.
Step 3. An appeal from an unfavorable decision at Step 2 shall be presented in writing to the department or commission head within 15 working days after the response from Step 2 is due. The department or commission head, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Federation President within 15 working days after receipt of the appeal. A meeting shall be held if requested by either party to make an effort this Agreement may, within fourteen (14) days, by written notice to adjust each other, submit the matter grievance to the satisfaction of all concernedarbitration. The written appeal parties shall identify the provisions within ten (10) days of the Agreement in dispute, demand for arbitration jointly attempt to agree on a single arbitrator. In the department and employee involved, and shall include a copy absence of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee Relations, Office of Administration within 15 working days after the response from Step 3 is due. If either party believes a grievance meeting might serve to resolve the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievance. The Bureau of Employee Relations shall issue a decision in writing to the Federation President within 15 working days after either receipt of the appeal or after the meeting, if one is held.
Step 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, serving upon the Bureau of Employee Relations, Office of Administration a notice in writing of the intent to proceed to arbitration.
Section 3. If a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed to be denied and the employee or the Federation may proceed submitted to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5Maine State Labor Relations Board of Arbitration and Conciliation, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 Municipal Public Employees Labor Relations Act, revised 1976, and amendment thereto, or any successor act enacted by the Legislature of the Public Employee Relations Act.
Section 9State of Maine governing arbitration of public employees. The Federation shall have the right to initiate or appeal a grievance at the appropriate step It is suggested that, for orderly handling of this procedure.
Section 10. The decision at Steps 1, 2all police business, and 3 shall not for the prevention of grievances that might arise, there be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning monthly meeting held between the enforcement or application Chief of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms Police and conditions of employment of an employee in this unit which has been issued by an agency or department or the Representatives appointed by the Executive Board or the Office of Administration may be processed through the grievance procedure, provided, however, the decision at Step 3 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of Administrationsaid Association.
Appears in 1 contract
Sources: Collective Bargaining Agreement
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 l5 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 STEP 1. The grievant employee, either alone or accompanied by the Union representative, or the Union where entitled, shall present the grievance orally or in writing to the immediate supervisor supervisor, or in the case of the Department of Public Welfare, to the District Manager of a district office of a County Assistance Office or to a designated management representative in a single office County Assistance Office, an institution, or a Youth Development Center, within 15 working days after of the date of its occurrence, or when the occurrence giving rise to the grievance employee knew or within 15 working days after the date on which the grievant learned or reasonably by reasonable diligence, should have learned known of such its occurrence, whichever is later. The immediate supervisor or designated management representative shall attempt to resolve the matter and report a the decision to the grievant employee orally or in writing within 15 working days after of its presentation. Grievances presented in writing shall be answered in writing.
Step STEP 2. In the event the grievance is not settled at Step 1, it may the appeal must be appealed presented in writing by the employee or Union representative to the head of his/her division, bureau, institution, or equivalent organizational unit or in the division case of the Department of Public Welfare, to the Executive Director of a County Assistance Office, Institution Superintendent, or bureau Director of a Youth Development Center, within 15 working days after the immediate supervisor's Step I response is duedue or received. Upon receipt of appeal, the The official receiving the appeal shallwritten appeal, within 15 working daysor the designated representative, meet with shall respond in writing to the complainant, if any, employee and the Federation Representative in an effort to adjust the matter to the satisfaction of all concerned. Within Union representative within 15 working days after receipt of the meeting, the official shall communicate a decision in writing to the complainant, if any, the Federation Representative and the immediate supervisorappeal.
Step STEP 3. An appeal from an unfavorable decision at Step 2 shall be presented in writing by the employee or Union representative to the department agency head or commission head designated representative within 15 working days after 15
STEP 4. In the response from event the grievance has not been satisfactorily resolved in Step 2 is due. The department or commission head3, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Federation President within 15 working days after receipt of the appeal. A meeting shall be held if requested by either party to make an effort to adjust the matter to the satisfaction of all concerned. The written appeal shall identify may be made by the provisions of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee Relations, Office of Administration or Union representative within 15 working days after the response from Step 3 is due. If either party believes due or received to the Bureau of Labor Relations, Office of Administration and shall contain a grievance meeting might serve to resolve copy of the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievanceStep 2 and Step 3 decisions. The Bureau of Employee Relations Labor Relations, Office of Administration shall issue a decision in writing to the Federation President employee and/or the Union within 15 working days after either receipt of the appeal or after the meeting, if one is heldappeal.
Step STEP 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, Union serving upon the Bureau of Employee Relations, Office of Administration Employer a notice in writing of the intent to proceed to arbitrationarbitration within 20 working days after the response from Step 4 is due or received. Said notice shall identify the provisions of the Agreement, the department, the employee involved, and a copy of the grievance. The Union may present grievances concerning agency-wide decisions directly to Step 3 within 15 working days of the date of occurrence or when the Union knew or by reasonable diligence, should have known of its occurrence. In addition, if Health & Safety concerns have been discussed with the Local Health & Safety Committee and cannot be resolved, then grievances concerning the issues discussed can be submitted directly to the third step.
Section 3. If The parties will meet and agree upon a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section list of four (4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure) arbitrators. The general procedures relating first two of these arbitrators will be asked to that step shall apply set aside one fixed day (same day each month) in the months of January, March, May, July, September and November. The other two arbitrators will be asked to set aside one fixed day (same day each month) in the presentation months of February, April, June, August, October and adjustment of the grievance, including the right of appeal.
Section 5December. An employee desirous of having representation shall These dates will be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity used for the grievantpurpose of hearing grievances concerning employee discharge or a suspension of thirty (30) days or more, for which the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted Union has requested arbitration in accordance with the contract grievance/arbitration provisions of contained in Section 606 of 2, or for other cases for which the Public Employee Relations Act.
Section 9. The Federation shall have Union has requested arbitration and where the right parties mutually agree to initiate or appeal a grievance at the appropriate step of use this expedited procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedure, provided, however, the decision at Step 3 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of Administration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
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 shall be presented in writing to the department or commission head within 15 working days after the response from Step 2 is due. The department or commission head, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Federation President within 15 working days after receipt of the appeal. A meeting shall be held if requested by either party to make an effort to adjust the matter to the satisfaction of all concerned. The written appeal shall identify the provisions of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall bebe required to submit a current job description for appeals submitted under the provisions of Section 1, Article 34.
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee Labor Relations, Office of Administration within 15 working days after the response from Step 3 is due. If either party believes a grievance meeting might serve to resolve the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievance. The Bureau of Employee Labor Relations shall issue a decision in writing to the Federation President within 15 working days after either receipt of the appeal or after the meeting, if one is held.
Step 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, serving upon the Bureau of Employee Labor Relations, Office of Administration a notice in writing of the intent to proceed to arbitration.
Section 3. If a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 of the Public Employee Employe Relations Act.
Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedure, provided, however, the decision at Step 3 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of Administration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an A Civil Service employee has the right to may process a his/her grievance through either the procedure provided herein or through the Pennsylvania Civil Service Commission and files appeal procedure or the contract grievance procedure. If an appeal with is filed under the CommissionCivil Service appeal procedure, either while proceedings are taking place under the contract procedure, then the contract grievance procedure shall ceasecease and shall not be permitted to be reinstituted. If an appeal is filed under the Civil Service appeal procedure, if the employee has submitted a contract grievance, or the employee shall not be entitled to institute proceedings under the contract grievance procedure. If , all rights to do so being waived by the appeal to the Commission is withdrawn exercise of an option by the employee or not accepted by to utilize 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 filedCivil Service procedure.
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 STEP 1. The grievant employee, either alone or accompanied by the Association representative or the Association where entitled, shall present the grievance orally or in writing to the immediate supervisor his/her District Office Commander, within 15 working days after of the date of the its occurrence giving rise to the grievance or within 15 working days after the date on which the grievant learned or reasonably should have learned knowledge of such its occurrence, whichever is later. The immediate supervisor District Office Commander shall attempt to resolve the matter and report a his/her decision to the grievant employee in writing within 15 10 working days after of its presentation. Grievances presented in writing shall be answered in writing.
Step STEP 2. In the event the grievance is not settled at Step 1, it may the appeal must be appealed presented in writing by the employee or Association representative to the head of the division or bureau his/her Bureau Director, within 15 10 working days after the immediate supervisorDistrict Office Commander's response is due. Upon receipt of appealThe Bureau Director, the official receiving the appeal shallor his/her designated representative, 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 respond in writing to the complainant, if any, employee and Association representative within 10 working days after receipt of the Federation Representative and the immediate supervisorappeal.
Step STEP 3. An appeal from an unfavorable decision at Step 2 shall be presented in writing by the employee or Association representative to the department or commission head Commissioner within 15 10 working days after the response from Step 2 is due. The department Commissioner, or commission head, labor relations coordinator or labor relations officer his/her designated representative shall communicate a decision respond in writing to the Federation President employee and Association representative within 15 10 working days after receipt of the appeal.
STEP 4. A meeting shall be held if requested by either party to make an effort to adjust In the matter to event the satisfaction of all concerned. The grievance has not been satisfactorily resolved at Step 3, written appeal shall identify may be made by the provisions employee or Association representative within 10 working days of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing decision to the Bureau of Employee Labor Relations, Office of Administration within 15 working days after and shall contain a copy of the response from Step 2 and Step 3 is due. If either party believes a grievance meeting might serve to resolve the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievancedecisions. The Bureau of Employee Relations Labor Relations, Office of Administration shall issue a decision in writing to the Federation President Association within 15 10 working days after either receipt of the appeal or after the meeting, if one is heldappeal.
Step STEP 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, Association serving upon the Bureau of Employee Relations, Office of Administration Employer a notice in writing of the intent to proceed to arbitrationarbitration within 10 working days after receipt of the Step 4 decision. Said notice shall identify the provisions of the Agreement and the employee involved, and shall include a copy of the grievance.
Section 3. If a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation a representative of the Association present at each step of the grievance procedureprocedure up to and including Step 4.
Section 64. Federation representatives shall be permitted This Article is not applicable to investigate and discuss grievances Liquor Enforcement Officer Trainees during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 of the Public Employee Relations Act.
Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedure, provided, however, the decision at Step 3 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of Administration.their
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 11101 This Article, which shall be available to both the Union and the Employer, is to provide for the presentation and equitable adjustment of grievances. Where an Should any difference(s) arise between the Employer and the Union relating to wages, hours of work, or other conditions of employment of any employee has or group of employees, the right to process a grievance through either the procedure provided herein or through the Pennsylvania Civil Service Commission and files an appeal dispute shall be disposed of in accordance with the Commission, either provisions of this Article. The parties should make every reasonable effort in “good faith” to resolve grievances at 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 lowest level of the date of process. 1102 Grievance Procedure 1103 A grievance must be presented within twenty-one (21) calendar days after the occurrence of the action giving rise grievance in order 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 2timely. Any grievance 1104 Step One 1105 An employee who believes that a justifiable request or dispute which may arise concerning complaint exists will first discuss the application, meaning request or interpretation of this Agreement shall be settled alleged complaint in the following manner:
Step 1. The grievant shall present the grievance orally or in writing to a meeting with 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 in an attempt to resolve the matter and report problem. The Grievance Committeeperson may be present as the employee wishes. The supervisor shall give the aggrieved employee a decision verbal answer within twenty-four (24) hours of the initial complaint meeting. 1106 In the event the complaint is not adjusted to the grievant satisfaction of the employee, the grievance shall be reduced to writing within 15 working five (5) calendar days after its presentationon forms provided by the Employer, and signed by the employee and the Grievance Committeeperson. Grievances The completed grievance will be dated, and delivered to the supervisor by the Grievance Committeeperson. 1107 The supervisor must then answer, sign and date the grievance and return the Union's copies to the Grievance Committeeperson within seven (7) calendar days following the date the issue was presented in writing shall be answered in writing.
to Step 2One. 1108 Step Two 1109 In the event the grievance is not settled at in Step 1One, it may be appealed in writing a written notice of appeal 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 Two shall be presented in writing to served within seven (7) calendar days following the department or commission head within 15 working days after the response from Step 2 is dueOne answer. The department or commission head, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Federation President within 15 working days after receipt of the appeal. A meeting shall be held if requested by either party to make an effort to adjust the matter to the satisfaction of all concerned. The written appeal shall identify state the provisions of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee Relations, Office of Administration within 15 working days after the response from Step 3 is due. If either party believes a grievance meeting might serve to resolve the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievance. The Bureau of Employee Relations shall issue a decision in writing to the Federation President within 15 working days after either receipt of the appeal or after the meeting, if one is held.
Step 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, serving upon the Bureau of Employee Relations, Office of Administration a notice in writing of the intent to proceed to arbitration.
Section 3. If a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment subject matter of the grievance, including give the right identifying number, and the objections of the appealing party to the previous answer. 1110 A Step Two grievance hearing will be held on a mutually agreeable date usually not more than fifteen (15) calendar days following the appeal.
Section 5. An employee desirous The Step Two hearing must include the Hospital Administrator or designee and/or Clinics Administrator or designee, the Human Resources Department Representative, and the Grievance Committee, the grievant and any others the parties feel are knowledgeable toward the full presentation of having representation information. 1111 Minutes may be kept on Step Two meetings by the respective parties at their discretion. 1112 Unless mutually extended, the Employer will have ten (10) calendar days in which to give its answer to the Step Two hearing. 1113 Step Three 1114 If the grievance is not settled in Step Two, a written notice of appeal to Step Three shall be permitted served within seven (7) calendar days following answer of the grievance in Step Two. The appeal notice shall again state the subject matter of the grievance, give the identifying number, and the objections of the appealing party to have only Federation representation present at each step the previous answer. 1115 A Step Three grievance hearing shall be held upon a mutually agreeable date usually not more than fifteen (15) calendar days after appeal. Representatives of the Employer's Regional offices and representatives of the International Union, or their designees, shall conduct a hearing with the purpose of attempting to settle the grievance. 1116 In addition to the International Union Representatives who participate in Step Three of the grievance procedure.
Section 6. Federation representatives shall , the Grievance Committee will be permitted to investigate and discuss grievances during working hours on participate. Other Company and/or Union witnesses who may participate in this step will do so only to the extent of the presentation of evidence pertinent to resolving the problem. 1117 Either party may request a further statement of facts to be made available not later than five (5) calendar days preceding the date for the Step Three meeting. 1119 Unless mutually extended, the Employer will have fifteen (15) calendar days following the final hearing in which to give its answer to the Step Three hearing. 1120 Mediation 1121 The parties agree to the utilization, for selected grievances, of the following mediation procedure. Such process should occur following the Employer's premises if notification is given Step Three response and prior to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties Union submission to investigate and present such grievancesarbitration.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 of the Public Employee Relations Act.
Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedure, provided, however, the decision at Step 3 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of Administration.
Appears in 1 contract
Sources: Labor Management Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an A Civil Service employee has the right to may process a his/her grievance through either the procedure provided herein or through the Pennsylvania Civil Service Commission and files appeal procedure or the contract grievance procedure. If an appeal with is filed under the CommissionCivil Service appeal procedure, either while proceedings are taking place under the contract procedure, then the contract grievance procedure shall ceasecease and shall not be permitted to be reinstituted. If an appeal is filed under the Civil Service appeal procedure, if the employee has submitted a contract grievance, or the employee shall not be entitled to institute proceedings under the contract grievance procedure. If , all rights to do so being waived by the appeal to the Commission is withdrawn exercise of an option by the employee or not accepted by to utilize 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 filedCivil Service procedure.
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 STEP 1. The grievant employee, either alone or accompanied by the Association representative or the Association where entitled, shall present the grievance orally or in writing to the immediate supervisor his/her District Office Commander, within 15 working days after of the date of the its occurrence giving rise to the grievance or within 15 working days after the date on which the grievant learned or reasonably should have learned knowledge of such its occurrence, whichever is later. The immediate supervisor District Office Commander shall attempt to resolve the matter and report a his/her decision to the grievant employee in writing within 15 10 working days after of its presentation. Grievances presented in writing shall be answered in writing.
Step STEP 2. In the event the grievance is has not settled been satisfactorily resolved at Step 1, it written appeal may be appealed in writing to made by the head employee or Association representative within 7 working days 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 Step 1 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 shall be presented in writing to the department or commission head within 15 working days after the response from Step 2 is due. The department or commission head, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Federation President within 15 working days after receipt of the appeal. A meeting shall be held if requested by either party to make an effort to adjust the matter to the satisfaction of all concerned. The written appeal shall identify the provisions of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee Relations, Office of Administration within 15 working days after and shall contain a copy of the response from Step 3 is due1 decision. If either party believes a grievance meeting might serve to resolve the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievance. The Bureau of Employee Relations shall issue a decision in writing to the Federation President within 15 working days after either Upon receipt of the appeal or after the meeting, if one is held.
Step 5. An appeal from an unfavorable decision grievance at Step 4 may be initiated by the Federation only within 15 working days after the response 2, a representative from Step 4 is due, serving upon the Bureau of Employee Relations, Office and the PLEA Grievance Chairman shall schedule a grievance committee meeting consisting of Administration no more than five (5) representatives for the Employer (including representation from BLCE, the Bureau of Employee Relations and the Department’s Human Resources Office) and no more than five (5) representatives from the PLEA Grievance Committee. The joint committee shall schedule a day to meet within 15 working days, unless the parties agree otherwise.
STEP 3. Should the Grievance Committee be unable to resolve the grievance(s) at Step 2, an appeal may be initiated by the Association serving upon the Employer a notice in writing of the intent to proceed to arbitration.arbitration within 7 working days after the grievance committee meeting. Said notice shall identify the provisions of the Agreement and the
Section 3. If a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation a representative of the Association present at each step of the grievance procedure.
Section 64. Federation representatives shall be permitted This Article is not applicable to investigate and discuss grievances Liquor Enforcement Officer Trainees during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievancestheir entire training period.
Section 75. Conferences The Department and hearings held under this grievance procedure shall be scheduled at a time the Association agree to meet and place which will afford a fair and reasonable opportunity discuss for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights purpose of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 of the Public Employee Relations Act.
Section 9. The Federation shall have the right to initiate or appeal establishing a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent numbering/tracking system for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed Step 1 through the grievance procedure, provided, however, the decision at Step 3 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of Administrationgrievances.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee officer 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 officer has submitted a contract grievance, or the employee officer shall not be entitled to institute proceedings under the contract grievance procedure. If the appeal to the Commission is withdrawn by the employee officer 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 processing of a timely filed contract grievance shall be entitled permitted.
Section 2. Any grievance or dispute which may arise during the term of this Agreement concerning the application, meaning, or interpretation of this Agreement shall be processed in the following manner:
STEP 1. The officer, either alone, or accompanied by the Union Representative, or the Union Representative where entitled, shall present the grievance in writing to institute proceedings under the contract grievance procedure Game Commission Labor Relations Coordinator within fifteen (15) working days of the date of the Commission’s denial occurrence giving rise to the dispute, or when the officer knew or by reasonable diligence should have known of appealthe occurrence.
STEP 2. Any grievance appealed outside If the Step 1 response is not satisfactory, or a response has not been received by the Union within fifteen (15) working day limit days of the Step 1 Meeting, the Union 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 have fifteen (15) working days after the date Commonwealth's response is received or due, to appeal the decision by filing its grievance with the appropriate Joint Area Committee referred to in Article 1 of the occurrence giving rise to attached Rules of Procedure. Such submission shall be made in writing, and shall be filed in accordance with the grievance or within 15 working days after established procedures with the date on which Office of Administration, Bureau of Labor Relations (OA-BLR - 404 Finance Building, Harrisburg, PA 17120).
STEP 3. Failure of the grievant learned or reasonably should have learned of such occurrence, whichever is later. The immediate supervisor shall attempt respective Joint Area Committees 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 2 of this procedure (i.e. a "deadlock" result at 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 Area Committee Level) shall cause the matter to the satisfaction of all concerned. Within 15 working days after the meeting, the official shall communicate a decision in writing automatically move to the complainant, if any, the Federation Representative and the immediate supervisor.
Step 3. An appeal from an unfavorable decision at Step 2 shall be presented in writing to the department or commission head within 15 working days after the response from Step 2 is due. The department or commission head, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Federation President within 15 working days after receipt of the appeal. A meeting shall be held if requested by either party to make an effort to adjust the matter to the satisfaction of all concerned. The written appeal shall identify the provisions of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step 3 of this procedure. An employee No additional appeal submission or filing shall bebe required for "deadlocked" cases to be docketed with the Joint Pennsylvania State Committee. However, when such docketing occurs, the Office of Administration, Bureau of Labor Relations, will furnish official notice confirming the docketing of all cases scheduled to be heard by the State Committee, along with the date, place, and time of the scheduled meeting to the Game Commission (Human Resource Services Division) and Council 13 of AFSCME (Grievance Department ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇).
Step STEP 4. An appeal from an unfavorable a deadlocked decision at Step 3 shall be presented in writing to the Bureau of Employee Relations, Office of Administration within 15 working days after the response from Step 3 is due. If either party believes a grievance meeting might serve to resolve the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievance. The Bureau of Employee Relations shall issue a decision in writing to the Federation President within 15 working days after either receipt of the appeal or after the meeting, if one is held.
Step 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is dueUnion, serving upon the Bureau by written notice of Employee Relations, Office of Administration a notice in writing of the intent to proceed to arbitration.
Section 3. If a This notice must be sent within fifteen (15) working days after the deadlocked decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed from Step 3 to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 of the Public Employee Relations Act.
Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedure(Bureau of Labor Relations, provided▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, however▇▇▇▇▇▇▇▇▇▇, the decision at Step 3 shall be final and binding as to a rule▇▇ 17120), regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of AdministrationGame Commission (Human Resource Services Division).
Appears in 1 contract
Sources: Collective Bargaining Agreement
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.contract
Section 2. Any grievance or dispute which may arise during the term of this Agreement concerning the application, meaning or interpretation of this the Agreement shall be settled processed in the following manner:
Step STEP 1. The grievant employee, either alone or accompanied by the Association representative or the Association through its representative, where entitled, shall present the grievance orally or in writing to the immediate supervisor Employer's worksite designee within 15 working calendar days after of the date of the occurrence giving rise to the grievance dispute or when the employee knew or by reasonable diligence should have known of the occurrence.
STEP 2. If the Step 1 response is not satisfactory, or a response has not been received by the Association within 15 working calendar days of the Step 1 Meeting, the Association shall have 15 calendar 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 supervisorCommonwealth's response is received or due. Upon receipt of appeal, to appeal the official receiving the appeal shall, within 15 working days, meet decision by filing its grievance with the complainant, if anyJoint Pennsylvania State Committee (Committee). Such submission shall be made in writing, and shall be filed in accordance with the Federation Representative established procedures with the Office of Administration, Bureau of Employee Relations (OA-BER) in an effort accordance with the established procedures. Failure of the Association to adjust the matter submit grievances to the satisfaction of all concerned. Within Committee within the 15 working days after calendar day appeal period specified above, shall be cause for the meeting, Commonwealth to consider the official shall communicate a decision in writing to the complainant, if any, the Federation Representative and the immediate supervisorgrievance withdrawn.
Step STEP 3. An appeal from an unfavorable a deadlocked decision at Step 2 shall be presented in writing to the department or commission head within 15 working days after the response from Step 2 is due. The department or commission head, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Federation President within 15 working days after receipt of the appeal. A meeting shall be held if requested by either party to make an effort to adjust the matter to the satisfaction of all concerned. The written appeal shall identify the provisions of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to the Bureau of Employee Relations, Office of Administration within 15 working days after the response from Step 3 is due. If either party believes a grievance meeting might serve to resolve the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievance. The Bureau of Employee Relations shall issue a decision in writing to the Federation President within 15 working days after either receipt of the appeal or after the meeting, if one is held.
Step 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is dueAssociation, serving upon the Bureau of Employee Relations, Office of Administration a by written notice in writing of the intent to proceed to arbitration. This notice must be sent within 15 calendar days after the deadlocked decision from Step 2 to the Office of Administration (Bureau of Employee Relations) and the Human Resource Office, Department of Labor and Industry.
Section 3. If a decision is not made under All of the time limits set forth contained in Steps 1 through 4 this Article may be extended by the appropriate Employer representative, then the grievance mutual agreement. The granting of any extension at any step shall not be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed finalestablish a precedent.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation a representative of the Association present at each step of the grievance procedureprocedure up to and including Step 2; subject however, to Section 606, Article VI of the Public Employes Relations Act. Upon request by an employee or Association representative, a Step 1 grievance meeting will be postponed or rescheduled, if necessary, if an Association representative is temporarily unavailable to the employee. Where this occurs, the time limits for response to the grievance will be suspended during the postponement period.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 of the Public Employee Relations Act.
Section 95. The Federation shall have Committee will function under the right to initiate or appeal a grievance at the appropriate step Rules of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee Procedure in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedure, provided, however, the decision at Step 3 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of Administration.Appendix H.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee has 22.01 It is the right intent of this Article to process establish a grievance through either means for prompt adjustment of working problems and personal grievances at the procedure provided herein or through job level by conference between the Pennsylvania Civil Service Commission Supervisor and files an appeal with the Commission, either the contract grievance procedure shall cease, if the employee involved, provided the Union Representative has submitted been given an opportunity to be present. If not resolved at this informal level, a contract grievanceformal written grievance shall be filed. The grievance shall contain a full statement of the grievance and the facts upon which it is based, the Contract section alleged to have been violated and the action, remedy or adjustment sought. In grievances filed on behalf of individual employees, the grievance shall be signed, by the affected employee, prior to Step 1 of the Grievance Procedure. Grievances shall be processed according to the steps and time limits specified. These time limits may be extended upon written mutual consent of the parties.
22.02 Except for payroll adjustment, no grievances shall be filed or processed based on facts or events, 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 omissions 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 employee's knowledge which have occurred more than twenty- three (1523) working days of the date of the Commission’s denial of appeal. Any grievance appealed outside the fifteen (15) thirty working day limit shall be considered untimely while on travel) before such grievance is filed.
Section 2. Any Both parties agree to exert an ▇▇▇▇▇▇▇ effort to settle such grievance or dispute which may arise concerning the application, meaning or interpretation of this Agreement shall be settled in promptly through the following mannersteps:
Step 1. The grievant employee involved shall present first confer with his Supervisor in order to amicably settle the matter, provided the ▇▇▇▇▇▇▇ has been given an opportunity to be present. Any and all grievances shall be handled during normal working hours without any unnecessary interruption of work. If the dispute is not resolved amicably then the employee or ▇▇▇▇▇▇▇ may file a grievance. Within three (3) work days after receipt of grievance orally or in writing the Supervisor shall submit a written answer to the immediate supervisor within 15 working days after the date of the occurrence giving rise to the grievance affected employee 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 If the grievance is not settled at Step in STEP 1, the Employee or Union ▇▇▇▇▇▇▇ may take the written grievance and submit it may be appealed in writing to the head Company's Site Supervisor or designee within five (5) work days of receipt from 1st Step answer. The Employee or the division Union and the Company will attempt to settle/resolve the issue. Both the Employee, or bureau if represented by the Union the Union ▇▇▇▇▇▇▇ and Site Supervisor or designee shall either meet in person or by telephone within 15 five (5) working days after days. If the immediate supervisor's response issue is due. Upon receipt of appealnot resolved, the official receiving the appeal shallSite Supervisor or designee has ten (10) days to submit his/her answer, 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 supervisorUnion ▇▇▇▇▇▇▇.
Step 3. An appeal from an unfavorable decision If not settled/resolved at Step 2 shall be presented in writing 2, the Employee, or if represented by the Union, the Union may submit the grievance to the department Company's Program Manager or commission head designee within 15 five (5) working days after the response from Step 2 is duedays. The department Company's Program Manager or commission headdesignee and the Union's Business Representative or designee will meet in person or by telephone conference within ten (10) work days and attempt to resolve any grievance. If unable to resolve the grievance, labor relations coordinator the Program Manager or labor relations officer designee shall communicate submit a decision in writing written answer to the Federation President Union within 15 working days after receipt of the appeal. A meeting shall be held if requested by either party to make an effort to adjust the matter to the satisfaction of all concerned. The written appeal shall identify the provisions of the Agreement in dispute, the department and employee involved, and shall include a copy of the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall befive (5) work days.
Step 4. An appeal from an unfavorable decision at The Union's Business Representative may submit, within ten (10) work days following the Company's Step 3 answer, written notice to the Company’s Human Resources Manager of its intent to arbitrate. The Union will request the Federal Mediation and Conciliation Service to submit an arbitration panel of seven (7) names to each party. The remaining arbitrator after alternating strikes will be the arbitrator. The Union will notify the Arbitrator of his selection and will coordinate schedules between the Company, Arbitrator and Union. The cost of the Arbitrator will be shared equally among the parties. The
22.03 The arguments before the Arbitrator will be oral, written or both. The Arbitrator shall not have the authority to add to, subtract from, modify, alter or change any of the terms of this Agreement. The Arbitrator's authority is to interpret and apply provisions of this Agreement. The Arbitrator shall be bound entirely by the records presented in writing to the Bureau form of Employee Relations, Office of Administration within 15 working days after evidence presented at the response from Step 3 is due. If either party believes a grievance meeting might serve to resolve hearing and the dispute, that party shall request a grievance meeting and, upon mutual agreement, the Collective Bargaining Agreement.
22.04 The parties shall meet to discuss the grievancemay file post-hearing briefs. The Bureau Arbitrator shall render his decision within thirty (30) days of Employee Relations shall issue a decision in writing to the Federation President within 15 working days after either close of the hearing or receipt of the appeal briefs. The Arbitrator's decision shall be in writing. The award shall be delivered or after the meeting, if one is heldmailed to each party.
Step 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Federation only within 15 working days after the response from Step 4 is due, serving upon the Bureau of Employee Relations, Office of Administration a notice in writing of the intent to proceed to arbitration.
Section 3. If a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the 22.05 No more than one (1) grievance shall be deemed to be denied and the employee or the Federation may proceed submitted to the next step. In same Arbitrator, unless there is more than one (1) grievance on the event the employee or the Federation does not meet the same issue.
22.06 All time requirements established in Steps 1 through 5, the last decision made by the Employer representative limits shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall strictly adhered to and may only be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment extended by mutual agreements of the grievance, including the right parties. Failure of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative Union, or the Company to meet the time limits will terminate all proceedings and witnesses no further action may be taken. The determination of the grievance will be awarded to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the partiestimely party.
Section 8. Nothing in this Article shall interfere with the rights of individual employees or groups of employees to present grievances and to have them adjusted in accordance with the provisions of Section 606 22.07 The decision of the Public Employee Relations Act.
Section 9. The Federation shall have the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which has been issued by an agency or department or by the Executive Board or the Office of Administration may be processed through the grievance procedure, provided, however, the decision at Step 3 Arbitrator shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of Administrationon all parties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCES AND ARBITRATION. Section 1. Where an employee officer 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 officer has submitted a contract grievance, or the employee officer shall not be entitled to institute proceedings under the contract grievance procedure. If the appeal to the Commission is withdrawn by the employee officer 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:Agreement, or relating to entitlement to benefits under Act 193 of 1935,
Step STEP 1. The grievant officer either alone or accompanied by the FOP representative or the FOP where entitled, shall present the grievance orally to the Director of the Bureau of Police and Safety or his/her designee within 15 working days of the occurrence or when the employee knew or by reasonable diligence should have known of its occurrence. The Director or a designated representative shall respond 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, officer 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 shall be presented in writing to the department or commission head within 15 working days after the response from Step 2 is due. The department or commission head, labor relations coordinator or labor relations officer shall communicate a decision in writing to the Federation President FOP representative within 15 working days after receipt of the appeal. A meeting shall be held if requested by either party If the Commonwealth wishes to make initiate a grievance regarding an effort officer’s entitlement to adjust Heart and Lung Act benefits (including but not limited to termination, suspension or modification of benefits or the matter to reasonableness or necessity of medical treatment), that grievance will commence immediately at Step 3 of the satisfaction of all concernedgrievance procedure.
STEP 2. The In the event the grievance has not been satisfactorily resolved in Step 1, a written appeal shall identify be submitted by the provisions officer or FOP to the Office of Administration,
STEP 3. If the Agreement in disputegrievance is not satisfactorily resolved by the Grievance Committee at Step 2, the department and employee involved, and shall include a copy of grievance may be scheduled for arbitration by the grievance and all prior responses. The grievance shall not be amended after the third step of this procedure. An employee shall be
Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in writing to FOP Grievance Board Chairman by serving upon the Bureau of Employee Relations’ representative notice, within fifteen (15) days of the Grievance Committee meeting, of its intent to proceed to arbitration. The Commonwealth may schedule a grievance for arbitration related to an officer’s entitlement to benefits under the Heart and Lung Act by serving upon the FOP Grievance Board Chairman notice of its intent to proceed to arbitration.
Section 3. The FOP shall furnish the Employer with the names and work locations of grievance representatives and shall notify the Employer of any changes.
Section 4. Grievances filed by the FOP prior to January 1, 2025, will be processed in accordance with the grievance procedure outlined in Sections 1 through 3 of this Article. Effective for grievances filed on or after January 1, 2025, grievances will be processed in accordance with the provisions of Sections 5 through 7 of this Article.
Section 5. Where an officer 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 officer has submitted a contract grievance, or the officer shall not be entitled to institute proceedings under the contract grievance procedure. If the appeal to the Commission is withdrawn by the officer or not accepted by the Commission within fifteen (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 6 shall be permitted.
Section 6. Any grievance or dispute which may arise concerning the application, meaning or interpretation of this Agreement, or relating to entitlement to benefits under Act 193 of 1935, P.L. 477; 53 P.S. §§ 637, et seq. (the “Heart and Lung Act”), shall be settled in the following manner:
STEP 1. The officer, either alone or accompanied by the FOP representative, or the FOP where entitled, shall present the grievance, in writing, to the General Government HR Office, Division of Employee Relations within fifteen (15) working days of the occurrence of the action giving rise to the grievance or when the officer knew or by reasonable diligence should have known of its occurrence. The Step 1 grievance submission shall contain the grievant’s name(s), identify the provision(s) of the Agreement believed to be violated, and contain a description of the alleged violation(s) of the Agreement. The Step 1 submission should include any information, documentation, and/or evidence supporting the grievance.
STEP 2. In the event the grievance has not been satisfactorily resolved in Step 1, a written appeal may be submitted by the officer or the FOP to the Office of Administration Administration, Bureau of Employee Relations. Any such appeal shall be submitted via email to the Office of Administration, Bureau of Employee Relations grievance resource account (▇▇-▇▇▇▇▇-▇▇▇▇▇▇▇▇▇@▇▇.▇▇▇). The Step 2 submission should include any information, documentation, and/or evidence supporting the grievance. The Step 2 grievance must be submitted or postmarked within 15 fifteen (15) working days after the response from Step 3 1 decision is due. If either party believes a grievance meeting might serve to resolve the dispute, that party shall request a grievance meeting and, upon mutual agreement, the parties shall meet to discuss the grievancedue or received. The Bureau of Employee Relations shall issue a decision in writing to the Federation President employee and / or the Union within 15 fifteen (15) working days after either receipt of the appeal appeal. In instances where an officer has submitted a Step 2 grievance without an FOP representative, a copy of the Step 2 response will also be sent to the FOP President or after the meeting, if one is heldhis/her designated representative. Neither Step 1 nor Step 2 responses shall establish precedent for any subsequent cases.
Step 5STEP 3. An appeal from an unfavorable decision at Step 4 2 may be initiated by the Federation only Union serving upon the Employer a notice, in writing, of its intent to proceed to arbitration. Notice of the Union’s intent to proceed to arbitration must be submitted to the Employer within 15 fifteen (15) working days after the response from Step 4 2 is duedue or received and shall be sent via email to the Office of Administration, serving upon the Bureau of Employee Relations, Office of Administration a notice in writing of the intent to proceed to arbitration.
Section 3. If a decision is not made under the time limits set forth in Steps 1 through 4 by the appropriate Employer representative, then the grievance shall be deemed to be denied and the employee or the Federation may proceed to the next step. In the event the employee or the Federation does not meet the time requirements established in Steps 1 through 5, the last decision made by the Employer representative shall be deemed final.
Section 4. A grievance based on the action of authority higher than the immediate supervisor shall be initiated at that step of this grievance procedure. The general procedures relating to that step shall apply to the presentation and adjustment of the grievance, including the right of appeal.
Section 5. An employee desirous of having representation shall be permitted to have only Federation representation present at each step of the grievance procedure.
Section 6. Federation representatives shall be permitted to investigate and discuss grievances during working hours on the Employer's premises if notification is given to the human resource officer or designated representative. If the Federation representative is an employee of the Employer, the representative shall request from the immediate supervisor reasonable time off from regular duties to investigate and present such grievances.
Section 7. Conferences and hearings held under this The Union is the exclusive representative of all the employees in the unit throughout the grievance procedure shall be scheduled at a time and place which will afford a fair and reasonable opportunity for the grievant, the Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall be held at a location mutually agreed upon by the parties.
Section 8. Nothing in this Article shall interfere with the rights of provided that any individual employees employee or groups group of employees shall have the right at any time to present grievances to their Employer and to have them adjusted in accordance without the intervention of the bargaining representative as long as the adjustment is not inconsistent with the provisions of Section 606 terms of the Public Employee Relations Act.
Section 9. The Federation shall have collective bargaining contract then in effect; and, provided further, that the right to initiate or appeal a grievance at the appropriate step of this procedure.
Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent case.
Section 11. A grievance or dispute which may arise concerning the enforcement or application of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and conditions of employment of an employee in this unit which bargaining representative has been issued by given an agency or department or by the Executive Board or the Office of Administration may opportunity to be processed through the grievance procedure, provided, however, the decision present at Step 3 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by a department or agency and the decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or procedure issued by the Executive Board or Office of Administrationsuch adjustment.
Appears in 1 contract
Sources: Collective Bargaining Agreement