Common use of GRIEVANCES AND ARBITRATION Clause in Contracts

GRIEVANCES AND ARBITRATION. Section 7.1 The Lodge may file a grievance concerning the meaning, interpretation, application, or alleged violation of the terms and provisions of this Agreement. No matter shall be entertained as a grievance hereunder unless written notice is filed within the time periods referenced in Sections 7.4 and 7.5 after the occurrence of the event or after the Employee or Lodge becomes aware of or reasonably should have been aware of the event giving rise to the grievance. Grievances on subjects listed in Section 7.4 shall only be submitted per Section 7.4. Grievances on subjects listed in Section 7.5 shall only be submitted per Section 7.5. Section 7.2 The Grievance Committee, hereinafter referred to as "Committee", may assist the Lodge or any member(s) of the bargaining unit with the preparation and submission of a grievance at any level. Three (3) members of Committee may attend a grievance hearing with no loss of pay. Committee may investigate and consider any grievance submitted, and may meet to consider a single grievance or several grievances collectively. Committee shall consist of the Lodge President and the Board of Directors of the Lodge. Committee shall be vested with complete, final and exclusive authority to accept, reject, or otherwise weigh or determine the merits of grievances submitted hereunder by Employees. Employees shall process all grievances through the Lodge and Employer shall only respond to those grievances processed through Committee, presented on the proper Lodge grievance form and signed by a member of the Lodge Grievance Committee. If a grievance is rejected by Committee it shall be considered resolved or withdrawn. The decision by Committee with respect to such matters shall be binding upon the Employee(s) aggrieved. Section 7.3 In computing any period of time prescribed herein, the day of the act or event from which the designated period of time begins shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, or Sunday or a designated City holiday, in which event the period shall continue until the end of the next day which is not one of the aforementioned days. Provided that all time limits set forth may be extended by the mutual written consent of the grievant'(s) and Employer's representatives. Failure of the Employer to respond to a grievance within the prescribed time period shall automatically initiate the next grievance step as well as the grievant's obligations to comply with that step's time limitations. All time limits set out in this Article shall be strictly observed and any failure of a grievant to comply with such time limits shall automatically terminate any right to continue the grievance. Section 7.4 A grievance which involves a suspension, promotion, demotion or dismissal shall be filed in writing, on the grievance form attached hereto as Appendix “D”, with the Human Resources Director or his designee within ten (10) calendar days of the Employee receiving written notification of the action. A written appeal involving suspension, promotion, demotion or dismissal shall state the nature of the grievance and designate an election to have the matter determined through Civil Service Commission appeal procedures or by an impartial arbitrator selected through arbitration procedures.

GRIEVANCES AND ARBITRATION. Section 7.1 The Lodge may file 1. Where an employee has the right to process a grievance concerning through either the meaningprocedure provided herein or through the Pennsylvania Civil Service Commission and files an appeal with the Commission, interpretationeither the contract grievance procedure shall cease, applicationif the employee has submitted a contract grievance, or alleged violation 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 l5 working days of the terms and provisions date of this Agreement. No matter shall be entertained as a grievance hereunder unless written notice is filed within the time periods referenced in Sections 7.4 and 7.5 after the occurrence of the event or after the Employee or Lodge becomes aware of or reasonably should have been aware of the event action giving rise to the grievance. Grievances on subjects listed in Section 7.4 shall only be submitted per Section 7.4. Grievances on subjects listed in Section 7.5 shall only be submitted per Section 7.5. Section 7.2 The Grievance Committee, hereinafter referred to as "Committee", may assist the Lodge or any member(s) of the bargaining unit with the preparation and submission processing of a contract grievance at any level. Three (3) members of Committee may attend a grievance hearing with no loss of pay. Committee may investigate and consider any grievance submitted, and may meet to consider a single grievance or several grievances collectively. Committee shall consist of filed within the Lodge President and the Board of Directors of the Lodge. Committee shall be vested with complete, final and exclusive authority to accept, reject, or otherwise weigh or determine the merits of grievances submitted hereunder by Employees. Employees shall process all grievances through the Lodge and Employer shall only respond to those grievances processed through Committee, presented on the proper Lodge grievance form and signed by a member of the Lodge Grievance Committee. If a grievance is rejected by Committee it shall be considered resolved or withdrawn. The decision by Committee with respect to such matters shall be binding upon the Employee(s) aggrieved. Section 7.3 In computing any period of time prescribed herein, the day of the act or event from which the designated period of time begins shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, or Sunday or a designated City holiday, in which event the period shall continue until the end of the next day which is not one of the aforementioned days. Provided that all time limits set forth may be extended by the mutual written consent of the grievant'(s) and Employer's representatives. Failure of the Employer to respond to a grievance within the prescribed time period shall automatically initiate the next grievance step as well as the grievant's obligations to comply with that step's time limitations. All time limits set out in this Article Section 2 shall be strictly observed and any failure of a grievant to comply with such time limits shall automatically terminate any right to continue the grievancepermitted. Section 7.4 A 2. Any grievance or dispute which involves a suspensionmay arise concerning the application, promotion, demotion meaning or dismissal interpretation of this Agreement shall be filed settled in accordance with the following steps. Where grievances may be submitted in writing, on they may also be submitted via email, however current practices regarding the provision of hard copy documentation provided as support for grievance submissions by the Union shall continue. Both parties will include a copy of the grievance form attached hereto as Appendix “D”with their grievance correspondence. STEP 1. The employee, with 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, or in the case of the Department of Human Resources Director Services, to the District Manager of a district office of a County Assistance Office or his designee to a designated management representative in a single office County Assistance Office, an institution, or a Youth Development Center, within ten (10) calendar 15 working days of the Employee receiving written notification date of its occurrence, or when the employee knew or by reasonable diligence, should have known of its occurrence. The supervisor or designated STEP 2. In the event the grievance is not settled at Step 1, the appeal must be 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 case of the actionDepartment of Human Services, to the Executive Director of a County Assistance Office, Institution Superintendent, or Director of a Youth Development Center, within 15 working days after the Step 1 response is due or received. A The official receiving the written appeal, or the designated representative, shall respond in writing to the employee and the Union representative within 15 working days after receipt of the appeal. STEP 3. An appeal from an unfavorable decision at Step 2 shall be presented by the employee or Union representative to the agency head or designated representative within 15 working days after the response from Step 2 is due or received. The agency head or designated representative shall respond in writing to the employee and Union representative within 15 working days after receipt of the appeal. STEP 4. In the event the grievance has not been satisfactorily resolved in Step 3, written appeal involving suspensionmay be made by the employee or Union representative within 15 working days after the response from Step 3 is due or received to the Bureau of Labor Relations, promotion, demotion or dismissal Office of Administration and shall state the nature contain a copy of the grievance Step 2 and designate Step 3 decisions. The Bureau of Labor Relations, Office of Administration shall issue a decision in writing to the employee and/or the Union within 15 working days after receipt of the appeal. STEP 5. An appeal from an election unfavorable decision at Step 4 may be initiated by the Union serving upon the Employer a notice in writing of the intent to have proceed to arbitration within 20 working days after the matter determined through Civil Service Commission appeal procedures 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 an impartial arbitrator selected through 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. The parties will meet and agree upon a list of four (4) arbitrators. The first two of these arbitrators will be asked to 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 months of February, April, June, August, October and December. These dates will be used for the purpose of hearing grievances concerning employee discharge or a suspension of thirty (30) days or more, for which the Union has requested arbitration proceduresin accordance with the contract grievance/arbitration provisions contained in Section 2, or for other cases for which the Union has requested arbitration and where the parties mutually agree to use this expedited procedure.

GRIEVANCES AND ARBITRATION. Section 7.1 The Lodge may file a grievance concerning the meaning, interpretation, application, or alleged violation of the terms and provisions of this Agreement. No matter shall be entertained as a grievance hereunder unless written notice is filed within the time periods referenced in Sections 7.4 and 7.5 after the occurrence of the event or after the Employee or Lodge becomes aware of or reasonably should have been aware of the event giving rise to the grievance. Grievances on subjects listed in Section 7.4 shall only be submitted per Section 7.4. Grievances on subjects listed in Section 7.5 shall only be submitted per Section 7.5. Section 7.2 The Grievance Committee, hereinafter referred to as "Committee", may assist the Lodge or any member(s) of the bargaining unit with the preparation and submission of a grievance at any level. Three (3) members of Committee may attend a grievance hearing with no loss of pay. Committee may investigate and consider any grievance submitted, submitted and may meet to consider a single grievance or several grievances collectively. Committee shall consist of the Lodge President and the Board of Directors of the Lodge. Committee shall be vested with complete, final and exclusive authority to accept, reject, or otherwise weigh or determine the merits of grievances submitted hereunder by Employees. Employees shall process all grievances through the Lodge and Employer shall only respond to those grievances processed through Committee, presented on the proper Lodge grievance form and signed by a member of the Lodge Grievance Committee. If a grievance is rejected by Committee Committee, it shall be considered resolved or withdrawn. The decision by Committee with respect to such matters shall be binding upon the Employee(s) aggrieved. Section 7.3 In computing any period of time prescribed herein, the day of the act or event from which the designated period of time begins shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, or Sunday or a designated City holiday, in which event the period shall continue until the end of the next day which is not one of the aforementioned days. Provided that all time limits set forth may be extended by the mutual written consent of the grievant'(s) and Employer's representatives. Failure of the Employer to respond to a grievance within the prescribed time period shall automatically initiate the next grievance step as well as the grievant's obligations to comply with that step's time limitations. All time limits set out in this Article shall be strictly observed and any failure of a grievant to comply with such time limits shall automatically terminate any right to continue the grievance. Section 7.4 A grievance which involves a suspension, promotion, demotion or dismissal shall be filed in writing, on the grievance form attached hereto as Appendix “D”, with the Human Resources Director or his designee within ten (10) calendar days of the Employee receiving written notification of the action. A written appeal involving suspension, promotion, demotion or dismissal shall state the nature of the grievance and designate an election to have the matter determined through Civil Service Commission appeal procedures or by an impartial arbitrator selected through arbitration procedures.