Common use of GRIEVANCES AND ARBITRATION Clause in Contracts

GRIEVANCES AND ARBITRATION. 1) Definition A grievance is a complaint, dispute or controversy in which it is claimed that either party has failed in an obligation under this Agreement and which involves the meaning, interpretation or application of this Agreement. a) Both parties agree that all grievances should be dealt with promptly and every effort should be made to settle grievances as close to the source as possible. DRAFT b) Should the Administration fail to comply with the time limits herein, the Union may appeal to the next step. Should the Union fail to comply with the time limits herein, the grievance shall be considered abandoned. Time limits may be extended by mutual consent of the parties, which shall not be unreasonably withheld. 3) The following procedure shall be utilized when a grievance is initiated by an employee, a group of employees or the Union: STEP 1: A grievance must be presented orally to the appropriate immediate supervisor within three (3) working days of occurrence or within three (3) days after it has become known to the employee. The supervisor shall have three (3) days following such presentation to submit his oral response. The employee shall be accompanied by a Union representative if so requested. STEP 2: If the grievance is not settled at the first step, the Union or the aggrieved may reduce the grievance to writing. The written grievance must be presented to the Department Head within five (5) working days after receipt of the STEP 1 answer. The Department Head shall reply in writing within five (5) working days after receipt of the written grievance. STEP 3: If the grievance is not settled at STEP 2, the Union may appeal in writing to the Deputy Mayor for Labor Relations. Such appeal must be submitted within seven (7) working days after receipt of the STEP 2 reply. The Deputy Mayor or his designated representative shall meet within ten (10) working days with the Union to attempt to resolve the grievance. The Deputy Mayor shall reply to the Union in writing within ten

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCES AND ARBITRATION. 1) Definition A grievance is a complaint, dispute or controversy in which it is claimed that either party has failed in an obligation under SEC. 1 Should differences arise between the Commission and its employees as to the meaning and application of the provision of this Agreement and which involves the meaning, interpretation or application of this Agreement. a) Both parties agree that all grievances should be dealt with promptly and every an ▇▇▇▇▇▇▇ effort should shall be made to settle grievances such differences as close to soon as possible in the source as possible. DRAFT b) Should the Administration fail to comply with the time limits herein, the Union may appeal to the next step. Should the Union fail to comply with the time limits herein, the grievance shall be considered abandoned. Time limits may be extended by mutual consent of the parties, which shall not be unreasonably withheld. 3) The following procedure shall be utilized when a grievance is initiated by an employee, a group of employees or the Unionmanner: STEP 1: A grievance must be presented orally to 1 The aggrieved employee and his/her ▇▇▇▇▇▇▇ shall discuss the appropriate immediate supervisor within three (3complaint with supervisor(s) working days of occurrence or within three (3) days after it has become known to the employee. The supervisor shall have three (3) days following such presentation to submit his oral response. The employee shall be accompanied by a Union representative if so requested. STEP 2: If the grievance is not settled at the first step, the Union or the aggrieved may reduce the grievance to writing. The written grievance must be presented to the Department Head within five (5) working days (excluding Saturdays, Sundays and Holidays) following the happening or incident of the complaint. The supervisor(s) shall answer the complaint within forty-eight (48) hours after the discussion (excluding Saturdays, Sundays and Holidays). STEP 2 If the verbal answer given at the previous step is unsatisfactory, the complaint shall be reduced to writing, signed by the aggrieved employee and ▇▇▇▇▇▇▇, and it shall be known as a “grievance.” The written grievance shall include the following: (A) A statement of the grievance and the facts upon which it is based. (B) The remedy or correction requested. (C) The section or sections of this Agreement relied upon or claimed to have been violated. This does not prohibit the use of other sections of the Agreement in the Union's discussion of the grievance. A meeting will then be held, within thirty (30) days of the receipt of the STEP 1 answergrievance, between the General Manager/designee(s) and the Union Grievance Committee, which may consist of the ▇▇▇▇▇▇▇, the Aggrieved Employee and Business Manager/designee. The Department Head General Manager shall reply answer the grievance in writing within five (5) working days after receipt of (excluding Saturdays, Sundays and Holidays). The General Manager's written answer shall contain the written grievancereasons for his/her decision. STEP 3: If 3 In the grievance event the dispute shall not have been satisfactorily settled within thirty (30) days after the written 2nd step answer is not settled at STEP 2received by the Union, the Union matter may appeal in writing then be appealed to the Deputy Mayor for Labor Relations. Such appeal must be submitted within seven (7) working days after receipt of the STEP 2 reply. The Deputy Mayor or his designated representative shall meet within ten (10) working days with the Union to attempt to resolve the grievance. The Deputy Mayor shall reply to the Union in writing within tenArbitration as follows:

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCES AND ARBITRATION. 1) Definition A grievance is shall be defined as a complaint, dispute or controversy in which it is claimed that either party has failed in an obligation under this Agreement and which involves complaint between the meaningparties concerning the interpretation, interpretation application, performance, termination, or application any alleged breach of this Agreement. a) Both parties agree . Verbal warnings or counselings that all grievances should be dealt with promptly and every effort should be made to settle grievances as close to the source as possible. DRAFT b) Should the Administration fail to comply with the time limits herein, the Union may appeal to the next step. Should the Union fail to comply with the time limits herein, the grievance shall be considered abandoned. Time limits may be extended by mutual consent of the parties, which are not memorialized in writing shall not be unreasonably withheld. 3) The following procedure subject to the grievance and arbitration procedure. Grievances shall be utilized when processed in the following manner: Informal Discussion An employee(s) having a grievance is initiated by an employee, a group of employees or may request to discuss the Union: STEP 1: A grievance must be presented orally to the appropriate with their immediate supervisor within three (3) working days of occurrence or within three (3) days after it has become known to the employeesupervisor. The supervisor An authorized Union representative shall have three (3) days following the right to participate in all such presentation to submit his oral responsediscussions. The employee shall be accompanied by a Union representative if so requested. STEP 2: If there is no informal discussion or the grievance is not settled at the first stepresolved through such discussion, an employee(s) having a grievance or the Union or the aggrieved may reduce shall submit the grievance to writing. The written grievance must be presented to the Department Head within five (5) working days after receipt of the STEP 1 answer. The Department Head shall reply in writing within five (5) working days after receipt of the written grievance. STEP 3: If the grievance is not settled at STEP 2, the Union may appeal in writing to the Deputy Mayor for Labor Relations. Such appeal must be submitted HR Manager within seven (7) working days after of the incident or within seven (7) days from the time the employee(s) should have been reasonably aware of the incident. The grievance shall identify the nature of the grievance, the date of the alleged grievance, and the provision(s) of the Agreement violated by the Employer. The Department Head or his/her designee and the HR manager shall meet with the grievant(s) and/or Union representative within seven (7) calendar days of receipt of the STEP 2 reply. The Deputy Mayor or his designated representative grievance and shall meet within ten (10) working days with the Union to attempt to resolve the grievance. The Deputy Mayor shall reply to the Union respond in writing within tenseven (7) calendar days after the meeting. Discharges or suspensions shall be brought directly to Step 2 of the grievance procedure. Step 2 Should the employee or the Union be dissatisfied with the Employer’s disposition of the grievance in Step 1, the grievance may, within seven (7) calendar days after the answer in Step 1, be presented at Step 2 to the facility CEO of the Employer. The facility CEO will meet with the grievant and/or Union representative within seven (7) calendar days of the receipt of the grievance at Step 2 and shall respond in writing within seven (7) calendar days after the meeting.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCES AND ARBITRATION. 1) Definition Section 1 A grievance is hereby defined as violation of the terms of this agreement or a complaintviolation of the law governing the employee-employer relationship, or any type of supervisory conduct which unlawfully or unjustly denies to any employee his job or any benefit arising out of his job. Such grievance shall be filed as promptly as possible but no later than thirty (30) days after the source or cause of the grievance first becomes known to the employee. (A) If any disagreement or dispute arises between the parties hereto, as to the meaning or controversy interpretation of the terms of this agreement, or as to the rights of either party hereunder, the matter shall be handled in the simplest and most direct manner; and unless the procedure, or any part thereof, is waived by mutual consent, the matter shall be taken up as follows: (1) The employee concerned and/or his Union representative must discuss the issue with the immediate supervisor prior to the issue being presented as a grievance. If the parties are unable to resolve the issue through this discussion, the employee and/or his Union Representative must submit the grievance as a first step grievance to the supervisor and to the Labor Relations department in writing via e-mail within thirty (30) days of the date of the incident giving rise to the grievance. Grievances regarding the discharge of an employee shall be submitted to Labor Relations as a first step grievance via e- mail no later than thirty (30) days after the date of discharge. (2) Between the Grievance Committee of the Local Union and at least one member of management from a level above first-line supervisor (subject to the provisions of Paragraph E below) and a representative of the Labor Relations Department at a meeting to be held within thirty-one (31) days of the receipt of the written grievance by the Company, provided that any information request(s) submitted by the Union have been responded to by the Company prior to the meeting. If the information request(s) has not been responded to, then the meeting shall be held in abeyance until the information request has been responded to. The Grievance Committee then shall have sufficient time, not to exceed thirty (30) days from the postmark date of the Company’s response, in which it to investigate the grievance before the meeting is claimed held. A meeting will be held within thirty one (31) days after the Union has notified the Company that the Grievance Committee has investigated the grievance. If the grievant is absent from a first step grievance meeting without forty-eight (48) hours or more prior notice to Labor Relations from either party has failed in an obligation under this Agreement and which involves the meaning, interpretation grievant or application of this Agreement. a) Both parties agree that all grievances should be dealt with promptly and every effort should be made to settle grievances as close to the source as possible. DRAFT b) Should the Administration fail to comply with the time limits hereinUnion, the Union may appeal meeting shall be held as scheduled or the grievance shall be discontinued by the Union. In the event a grievant is unable to attend as a result of illness, emergency or unforeseen work related causes, the next stepgrievance shall either be heard or rescheduled at the request of the Union. Should If forty-eight (48) hours notice is given, then the Union fail to comply with the time limits hereingrievance shall be rescheduled. If a member of management from a level above first-line supervisor is absent for reasons other than illness, emergency or unforeseen work related causes, the grievance shall be considered abandonedsustained; otherwise it will be rescheduled. Time limits may be extended by mutual consent Within twenty-one (21) days after the meeting is held, the Company shall respond to the grievance in writing via e-mail to the Union Business Manager, System Council U-8. If the Grievance Committee desires to pursue the grievance then it shall within twenty (20) days after the electronic date stamp of the partiesCompany's response, notify the Company via e- mail to the Labor Relations Department that the grievance is to be taken to the second step; then (3) (a) Between the System Council Committee (which shall not be unreasonably withheld. 3) The following procedure shall be utilized when a grievance is initiated by an employee, a group consist of employees or the Union: STEP 1: A grievance must be presented orally to the appropriate immediate supervisor within three (3) working days of occurrence or within three (3) days after it has become known to the employee. The supervisor shall have three (3) days following such presentation to submit his oral response. The employee shall be accompanied by a Union representative if so requested. STEP 2: If the grievance is not settled at the first step, the Union or the aggrieved may reduce the grievance to writing. The written grievance must be presented to the Department Head within more than five (5) working members) and representatives of the Company at a meeting to be held within forty (40) days after receipt notice from the Grievance Committee is received. If additional information request(s) are made by the Union, then the meeting shall be held in abeyance until the information request has been responded to. The System Committee then shall have sufficient time, not to exceed thirty (30) days from the date of the STEP 1 answerCompany’s response, in which to investigate the grievance before the meeting is held. The Department Head shall reply in writing A meeting will be held within five forty (540) working days after receipt of the written grievance. STEP 3: If the grievance is not settled at STEP 2, the Union may appeal in writing to has notified the Deputy Mayor for Labor Relations. Such appeal must be submitted within seven (7) working days after receipt of Company that the STEP 2 reply. The Deputy Mayor or his designated representative shall meet within ten (10) working days with the Union to attempt to resolve Grievance Committee has investigated the grievance. The Deputy Mayor Labor Relations Department will appoint an appropriate management panel. An International Representative may be present. Within twenty-one (21) days after the meeting is held, the Company shall reply e-mail its decision to the Union in writing within tenSystem Council Business Manager.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCES AND ARBITRATION. 1(a) Definition A grievance is a complaint, Should any dispute or controversy in which it is claimed that either party has failed in an obligation under this Agreement difference arise between the Company and which involves Union or its members as to the meaning, interpretation or application of any of the provisions of this Agreement, the dispute or difference (hereinafter sometimes referred to as a "grievance") shall be settled through the Grievance Procedure as hereinafter provided. The Company shall not use persuasion or intimidation on any member who has signed a grievance. a(b) Both parties agree that all grievances should A grievance shall be dealt with presented for consideration as promptly and every effort should be made to settle grievances as close to the source as possible, and in no event later than twenty-eight days after the event upon which it is based occurs. DRAFTIf not so presented, it shall be considered abandoned. b(c) Should A grievance shall be processed from step to step promptly. If the Administration fail to comply Union disagrees with the time limits hereinanswer given on any grievance in Step 1 or Step 2, it must carry the Union may appeal grievance to the next stepstep within fourteen days after the answer was given, but if it fails to do so, the grievance will be regarded as automatically carried to the next step as of the expiration of the fourteen-day period. Should If the Union fail to comply disagrees with the time limits hereinanswer given on any grievance in Step 3, such answer shall be considered a satisfactory adjustment unless, within fourteen days after the answer was (or within such additional period as is agreed to in writing), the grievance is carried to Step 4. The meeting between the Company and Union representatives in Step 1 shall be held within fourteen days after the grievance has been submitted to the Company. The meeting between the Company and Union representatives in Steps 2 and 3 shall be scheduled within fourteen days after the presentation of the grievance in that Step. The answer of the Company in Steps 1, 2 and 3 shall be given to the Union within fourteen days after the meeting. The answers to Steps 2 and 3 shall be in writing. If the Company fails to give its answer in a timely manner, the grievance shall be considered abandoneddenied as of the last day when the answer was due. Time The limits in each step, including Step 1, may be extended by mutual consent agreement between the Company and Union. (d) The procedure for the settlement of a grievance shall be as follows: Section 2. (Step 1) The grievance shall first be discussed by the employee and his/her immediate superior. The ▇▇▇▇▇▇▇ may be present at the request of the parties, which shall not be unreasonably withheldemployee. 3) The following procedure shall be utilized when a grievance is initiated by an employee, a group of employees or the Union: STEP 1: A grievance must be presented orally to the appropriate immediate supervisor within three (3) working days of occurrence or within three (3) days after it has become known to the employee. The supervisor shall have three (3) days following such presentation to submit his oral response. The employee shall be accompanied by a Union representative if so requested. STEP 2: If the grievance is not settled at the first step, the Union or the aggrieved may reduce the grievance to writing. The written grievance must be presented to the Department Head within five (5) working days after receipt of the STEP 1 answer. The Department Head shall reply in writing within five (5) working days after receipt of the written grievance. STEP 3: If the grievance is not settled at STEP 2, the Union may appeal in writing to the Deputy Mayor for Labor Relations. Such appeal must be submitted within seven (7) working days after receipt of the STEP 2 reply. The Deputy Mayor or his designated representative shall meet within ten (10) working days with the Union to attempt to resolve the grievance. The Deputy Mayor shall reply to the Union in writing within ten

Appears in 1 contract

Sources: Labor Contract

GRIEVANCES AND ARBITRATION. 1) Definition A grievance is a complaint, dispute or controversy in which it is claimed that either party has failed in an obligation under this Agreement and which involves the meaning, interpretation or application of this Agreement. a) Both parties agree that all grievances should be dealt with promptly and every effort should be made to settle grievances as close to the source as possible. DRAFT b) Should the Administration fail to comply with the time limits herein, the Union may appeal to the next step. Should the Union fail to comply with the time limits herein, the grievance shall be considered abandoned. Time limits may be extended by mutual consent of the parties, which shall not be unreasonably withheld. 3) The following procedure shall be utilized when a grievance is initiated by an employee, a group of employees or the Union: STEP 1: A grievance must be presented orally to the appropriate immediate supervisor within three (3) working days of occurrence or within three (3) days after it has become known to the employee. The supervisor shall have three (3) days following such presentation to submit his oral response. The No employee shall be accompanied discharged withoutjustifiable cause. Any discharge may be treated as any other dispute under this Agreement. In the event that any employee is unjustly discharged, and it is proven to the satisfaction of both parties, then the employee is to be reinstated with full compensation for lost time or any arrangements mutually agreed upon by both parties. Any employee who has served the probationary period shall have the right to present a Union representative if so requested. STEP 2: If the grievance, providing that this notice of grievance is not settled at the first step, the Union or the aggrieved may reduce the grievance to writing. The written grievance must be presented to the Department Head served within five (5) working days of the incident that gave grounds for the grievance. The procedure to be followed in adjusting of any dispute or grievance shall be: The employee with the dispute or grievance and the Plant Superintendent involved shall endeavour to adjust within four (4) days the alleged grievance but, failing suitable adjustment, the grievance, with full explanation, shall be put in writing and a copy thereof supplied by the employee to both the Grievance Committee and the Employer within two (2) days after receipt of the STEP 1 answerSuperintendent and the employee have failed to agree. The Department Head shall reply in writing within five (5) working days after receipt of the written grievance. STEP 3: If the grievance is not settled at STEP 2Grievance Committee, the Union may appeal in writing to employee, the Deputy Mayor for Labor Relations. Such appeal must be submitted within seven (7) working days after receipt of with representatives the STEP 2 reply. The Deputy Mayor or his designated representative Employer, shall meet within ten (10) days after receiving the written grievance. Failing settlement in Step the Grievance Committee, the employee, a representative of the Union, the Superintendent, with representatives the Employer, shall meet within ten (10) days of the step meeting. It is understood that not more than one (1) representative of either the Union or Employer may not be a regular employee of the Employer. Failing a satisfactory adjustment, after the above procedure has been completed, the Grievance may be referred to a sole arbitrator, not later than (15) working days with from the date of the meeting held under If the Employer and the Union are unable to attempt agree as to resolve a sole arbitrator, the grievanceFederal Minister of Labour shall be requested to name a sole arbitrator. to by both parties and confirmed in writing. The Deputy Mayor jurisdiction of the sole arbitrator shall reply be restrained to the terms and conditions spelled out in the Collective Agreement. The Employer and the Union in writing within tenshall share the cost of the sole arbitrator and each party shall be responsible for their own costs during the Arbitration.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCES AND ARBITRATION. 1(a) Definition A grievance is a complaint, Should any dispute or controversy in which it is claimed that either party has failed in an obligation under this Agreement difference arise between the Company and which involves Union or its members as to the meaning, interpretation or application of any of the provisions of this Agreement, the dispute or difference (hereinafter sometimes referred to as a "grievance") shall be settled through the Grievance Procedure as hereinafter provided. The Company shall not use persuasion or intimidation on any member who has signed a grievance. a(b) Both parties agree that all grievances should A grievance shall be dealt with presented for consideration as promptly and every effort should be made to settle grievances as close to the source as possible, and in no event later than twenty-eight days after the event upon which it is based occurs. DRAFTIf not so presented, it shall be considered abandoned. b(c) Should A grievance shall be processed from step to step promptly. If the Administration fail to comply Union disagrees with the time limits hereinanswer given on any grievance in Step 1 or Step 2, it must carry the Union may appeal grievance to the next stepstep within fourteen days after the answer was given, but if it fails to do so, the grievance will be regarded as automatically carried to the next step as of the expiration of the fourteen-day period. Should If the Union fail to comply disagrees with the time limits hereinanswer given on any grievance in Step 3, such answer shall be considered a satisfactory adjustment unless, within fourteen days after the answer was (or within such additional period as is agreed to in writing), the grievance is carried to Step 4. The meeting between the Company and Union representatives in Step 1 shall be held within fourteen days after the grievance has been submitted to the Company. The meeting between the Company and Union representatives in Steps 2 and 3 shall be scheduled within fourteen days after the presentation of the grievance in that Step. The answer of the Company in Steps 1, 2 and 3 shall be given to the Union within fourteen days after the meeting. The answers to Steps 2 and 3 shall be in writing. If the Company fails to give its answer in a timely manner, the grievance shall be considered abandoneddenied as of the last day when the answer was due. Time The limits in each step, including Step 1, may be extended by mutual consent agreement between the Company and Union. (d) The procedure for the settlement of a grievance shall be as follows: Section 2. (Step 1) The grievance shall first be discussed by the employee and his/her immediate superior. The ▇▇▇▇▇▇▇ may be present at the request of the parties, which shall not be unreasonably withheldemployee. Section 3. (Step 2) The following procedure shall be utilized when a grievance is initiated by an employee, a group of employees or the Union: STEP 1: A grievance must be presented orally to the appropriate immediate supervisor within three (3) working days of occurrence or within three (3) days after it has become known to the employee. The supervisor shall have three (3) days following such presentation to submit his oral response. The employee shall be accompanied by a Union representative if so requested. STEP 2: If the grievance is not settled at the first stepsatisfactorily adjusted in Step 1, it shall be presented in writing by the Union to the Manager of the department involved, and discussed by the Union ▇▇▇▇▇▇▇ or the aggrieved may reduce Union Committee and the grievance Manager of the department involved The meeting will be scheduled to writingbegin twenty minutes prior to the end of the grievant’s shift, and the grievant will be paid for the time up to the end of the shift. The written grievance must ▇▇▇▇▇▇▇, or Union representative(s), who attends shall also be presented paid up to the Department Head within five (5) working days after receipt end of the STEP 1 answershift if he or she was assigned to work that shift. The Department Head shall reply in writing within five At the Company’s discretion, Step 2 meetings may be scheduled to begin Section 4. (5Step 3) working days after receipt of the written grievance. STEP 3: If the grievance is not settled at STEP satisfactorily adjusted in Step 2, the Union may appeal Committee shall so notify the Company in writing writing. Upon receipt of such notice, the Company shall make an investigation and shall schedule a meeting of representatives of the parties. Section 5. (Step 4) If the grievance is not satisfactorily adjusted in Step 3, it shall be referred to arbitration upon request of either party. The arbitration procedure shall be as follows: (a) If the Deputy Mayor for Labor Relations. Such appeal must be submitted parties do not agree on an arbitrator within seven (7) working five days after a request for arbitration, the parties shall request the Federal Mediation and Conciliation Service to furnish a list of the names of five arbitrators. Within fourteen days after the receipt of this list, the STEP 2 replyparty requesting arbitration shall strike two names from the list and the other party within fourteen days after this action shall likewise strike two names from the list. The Deputy Mayor or his designated representative remaining named person shall meet within ten be the arbitrator. (10b) working days with The arbitrator shall, after hearing testimony and considering the Union to attempt to resolve facts, give his/her decision on the grievance. The Deputy Mayor decision shall reply be binding on the employee, the Company and the Union. (c) Each party shall pay one-half of the expenses of the arbitrator. The parties shall alternate paying the fee charged by the FMCS for providing the panel of arbitrators. (d) The arbitrator shall be governed wholly by the terms of this Agreement and shall have no power to the Union in writing within tenadd to or change its terms.

Appears in 1 contract

Sources: Labor Contract

GRIEVANCES AND ARBITRATION. 18.01 Pre stage a) Definition A grievance is a complaintShould any difference arise between the Employer and the Union or any of the employees as to the interpretation, dispute application, administration, or controversy in which it is claimed that either party has failed in an obligation under this Agreement and which involves alleged violation of the meaning, interpretation or application provisions of this Agreement. a) Both parties agree that all grievances should be dealt with promptly and every , an ▇▇▇▇▇▇▇ effort should shall be made to settle grievances as close to such differences without undue delay in the source as possible. DRAFT b) Should the Administration fail to comply with the time limits herein, following manner: The employee concerned accompanied by the Union may appeal to ▇▇▇▇▇▇▇ employed by the next step. Should the Union fail to comply with the time limits hereinEmployer, the grievance shall be considered abandoned. Time limits may be extended by mutual consent of the parties, which shall not be unreasonably withheld. 3) The following procedure shall be utilized when a grievance is initiated by an employee, a group of employees or the Union: STEP 1: A grievance must be presented orally to the appropriate immediate supervisor within three (3) working days of occurrence or within three (3) days after it has become known to the employee. The supervisor shall have three (3) days following such presentation to submit his oral response. The employee shall be accompanied by a Union representative if so requested. STEP 2: If the grievance is not settled at the first steprepresentative, the Union or the aggrieved may reduce the grievance to writing. The written grievance must be presented to the Department Head within five (5) working days after receipt of the STEP 1 answer. The Department Head shall reply in writing within five (5) working days after receipt of the written grievance. STEP 3: If the grievance is not settled at STEP 2, the Union may appeal in writing to the Deputy Mayor for Labor Relations. Such appeal must be submitted within seven (7) working calendar days after of the alleged grievance, take the matter up with the designated management, who shall give an answer within seven (7) calendar days of discussing with the employee concerned. Should the employee feel that this grievance has not been satisfactorily settled, then: The Union must file a request for a Stage Two hearing within 14 calendar days upon the receipt of the STEP 2 replyresponse from the Employer on Stage One. The Deputy Mayor Employer will request from the Union within 14 calendar days of receiving the request for a Stage Two hearing, a time to meet to discuss the matter. The ▇▇▇▇▇▇▇ or his designated representative Unit Chair of the Union (or his/her designate) will present the grievance in writing to the Employer on behalf of the employee. The Union and the Employer shall then meet at a mutually agreed upon time, but within ten (10) working 30 calendar days from the date the Union received the Stage One response of the Employer, to hear the grievance with the Union affected employee. The Employer shall give his/her decision in writing, not later than 14 calendar days after the parties meet to attempt to resolve hear the grievance. The Deputy Mayor shall reply If a satisfactory settlement of the grievance is not reached, it may then be dealt with as hereinafter provided. b) When a number of employees have identical grievances and each employee would be entitled to grieve separately, they may present a group grievance in writing identifying each employee who is grieving to the Union in writing Human Resource Department or designate, as applicable, within tenseven (7) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s).

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCES AND ARBITRATION. 1Item X (M-21) Definition Revise Article IX as follows: Section 1 A grievance is hereby defined as violation of the terms of this agreement or a complaintviolation of the law governing the employee-employer relationship, or any type of supervisory conduct which unlawfully or unjustly denies to any employee his job or any benefit arising out of his job. Such grievance shall be filed as promptly as possible but no later than thirty (30) days after the source or cause of the grievance first becomes known to the employee., except that a grievance in connection with the protest of a job assignment shall be governed by the provisions of Article III, Section 7 (E) of this agreement. (A) If any disagreement or dispute arises between the parties hereto, as to the meaning or controversy in which it is claimed that interpretation of the terms of this agreement, or as to the rights of either party has failed hereunder, the matter shall be handled in an obligation under this Agreement the simplest and most direct manner; and unless the procedure, or any part thereof, is waived by mutual consent, the matter shall be taken up as follows: (1) The employee concerned and/or his Union representative must discuss the issue with the immediate supervisor within thirty (30) days of the incident which involves caused the meaning, interpretation or application of this Agreement. a) Both parties agree that all grievances should be dealt with promptly and every effort should be made to settle grievances as close grievance prior to the source issue being presented as possiblea grievance. DRAFT b) Should If the Administration fail parties are unable to comply with resolve the time limits hereinissue through this discussion, the employee and/or his Union may appeal Representative must submit the grievance as a first step grievance to the next stepsupervisor and to the Labor Relations department in writing via e-mail within thirty (30) days of the date of the incident giving rise to the grievance. Should to the supervisor, in writing, within fourteen (14) days of the discussion. The supervisor will respond, in writing, with a copy to the Labor Relations Department, within seven (7) days following receipt of the written first step grievance. If no mutually satisfactory solution is found and the employee or the local Union fail desires to comply with pursue the time limits hereingrievance, the grievance shall be considered abandoned. Time limits may be extended filed in writing through the U.S. Mail or by mutual consent utilizing electronic mail (email) to transmit the grievance, to the Labor Relations Department of the parties, which shall not be unreasonably withheld. 3) The following procedure shall be utilized when a grievance is initiated by an employee, a group of employees or the Union: STEP 1: A grievance must be presented orally to the appropriate immediate supervisor within three (3) working days of occurrence or within three (3) days after it has become known to the employee. The supervisor shall have three (3) days following such presentation to submit his oral response. The employee shall be accompanied by a Union representative if so requested. STEP 2: If the grievance is not settled at the first step, the Union or the aggrieved may reduce the grievance to writing. The written grievance must be presented to the Department Head within five (5) working days after receipt of the STEP 1 answer. The Department Head shall reply in writing within five (5) working days after receipt of the written grievance. STEP 3: If the grievance is not settled at STEP 2, the Union may appeal in writing to the Deputy Mayor for Labor Relations. Such appeal must be submitted Company within seven (7) working days after the supervisors written first step response. This step shall not apply to grievances over the Company’s decision to discharge employees. Grievances regarding the discharge of an employee shall be submitted to Labor Relations as a second first step grievance postmarked via e-mail no later than thirty (30) days after the date of discharge. (2) Between the Grievance Committee of the Local Union and at least one member of management from a level above first-line supervisor (subject to the provisions of Paragraph E below) and a representative of the Labor Relations Department at a meeting to be held within thirty-one (31) days of the receipt of the STEP 2 replywritten grievance by the Company, provided that any information request(s) submitted by the Union have been responded to by the Company prior to the meeting. If the information request(s) has not been responded to, then the meeting shall be held in abeyance until the information request has been responded to. The Deputy Mayor or his designated representative Grievance Committee then shall meet have sufficient time, not to exceed thirty (30) days from the postmark date of the Company’s response, in which to investigate the grievance before the meeting is held. A meeting will be held within ten thirty one (1031) working days with after the Union has notified the Company that the Grievance Committee has investigated the grievance. If the grievant is absent from a second first step grievance meeting without forty-eight (48) hours or more prior notice to attempt Labor Relations from either the grievant or the Union, the meeting shall be held as scheduled or the grievance shall be discontinued by the Union. In the event a grievant is unable to resolve attend as a result of illness, emergency or unforeseen work related causes, the grievance shall either be heard or rescheduled at the request of the Union. If forty-eight (48) hours notice is given, then the grievance shall be rescheduled. If a member of management from a level above first-line supervisor is absent for reasons other than illness, emergency or unforeseen work related causes, the grievance shall be sustained; otherwise it will be rescheduled. Within twenty-one (21) days after the meeting is held, the Company shall postmark its response to the Grievance Committee respond to the grievance in writing via e-mail to the Union Business Manager, System Council U-8. If the Grievance Committee desires to pursue the grievance then it shall within twenty (20) days after the postmark electronic date stamp of the Company's response, postmark its notice notify the Company via e-mail to the Labor Relations Department that the grievance is to be taken to the third second step; then (3) (a) Between the System Council Committee (which shall not consist of more than five (5) members) and representatives of the Company at a meeting to be held within forty (40) days after notice from the Grievance Committee is received. If additional information request(s) are made by the Union, then the meeting shall be held in abeyance until the information request has been responded to. The System Committee then shall have sufficient time, not to exceed thirty (30) days from the postmark date of the Company’s response, in which to investigate the grievance before the meeting is held. A meeting will be held within forty (40) days after the Union has notified the Company that the Grievance Committee has investigated the grievance. The Deputy Mayor Labor Relations Department will appoint an appropriate management panel. An International Representative may be present. Within twenty-one (21) days after the meeting is held, the Company shall reply postmark e-mail its decision to the Union in writing within tenSystem Council Business Manager.

Appears in 1 contract

Sources: Memorandum of Changes

GRIEVANCES AND ARBITRATION. 1) Definition A grievance is a complaint, dispute or controversy in which it is claimed that either party has failed in an obligation under SEC. 1 Should differences arise between the Commission and its employees as to the meaning and application of the provision of this Agreement and which involves the meaning, interpretation or application of this Agreement. a) Both parties agree that all grievances should be dealt with promptly and every an ▇▇▇▇▇▇▇ effort should shall be made to settle grievances such differences as close to soon as possible in the source as possible. DRAFT b) Should the Administration fail to comply with the time limits herein, the Union may appeal to the next step. Should the Union fail to comply with the time limits herein, the grievance shall be considered abandoned. Time limits may be extended by mutual consent of the parties, which shall not be unreasonably withheld. 3) The following procedure shall be utilized when a grievance is initiated by an employee, a group of employees or the Unionmanner: STEP 1: A grievance must be presented orally to 1 The aggrieved employee and his/her ▇▇▇▇▇▇▇ shall discuss the appropriate immediate supervisor within three (3complaint with supervisor(s) working days of occurrence or within three (3) days after it has become known to the employee. The supervisor shall have three (3) days following such presentation to submit his oral response. The employee shall be accompanied by a Union representative if so requested. STEP 2: If the grievance is not settled at the first step, the Union or the aggrieved may reduce the grievance to writing. The written grievance must be presented to the Department Head within five (5) working days (excluding Saturday’s, Sunday’s and Holiday’s) following the happening or incident of the complaint. The supervisor(s) shall answer the complaint within forty-eight (48) hours after the discussion (excluding Saturday’s, Sunday’s and Holiday’s). STEP 2 If the verbal answer given at the previous step is unsatisfactory the complaint shall be reduced to writing, signed by the aggrieved employee and ▇▇▇▇▇▇▇, and it shall be known as a “grievance.” The written grievance shall include the following: (A) A statement of the grievance and the facts upon which it is based. (B) The remedy or correction requested. (C) The section or sections of this Agreement relied upon or claimed to have been violated. This does not prohibit the use of other sections of the Agreement in the Union's discussion of the grievance. A meeting will then be held, within thirty (30) days of the receipt of the STEP 1 answergrievance, between the General Manager/designee(s) and the Union Grievance Committee, which may consist of the ▇▇▇▇▇▇▇, the Aggrieved Employee and Business Manager/designee. The Department Head General Manager shall reply answer the grievance in writing within five (5) working days after receipt of (excluding Saturday’s, Sunday’s and Holiday’s). The General Manager's written answer shall contain the written grievancereasons for his/her decision. STEP 3: If 3 In the grievance is event the dispute shall not have been satisfactorily settled at STEP 2, the Union may appeal in writing to the Deputy Mayor for Labor Relations. Such appeal must be submitted within seven (7) working days after receipt of the STEP 2 reply. The Deputy Mayor or his designated representative shall meet within ten (10) working days with the Union to attempt to resolve the grievance. The Deputy Mayor shall reply to the Union in writing within tenthirty

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCES AND ARBITRATION. Section 1) Definition . A Civil Service employee may process his/her grievance through either the Civil Service appeal procedure or the contract grievance procedure. If an appeal is a complaintfiled under the Civil Service appeal procedure, dispute or controversy in which it is claimed that either party has failed in an obligation while proceedings are taking place under this Agreement the contract procedure, then the contract grievance procedure shall cease and which involves the meaning, interpretation or application of this Agreement. a) Both parties agree that all grievances should be dealt with promptly and every effort should be made to settle grievances as close to the source as possible. DRAFT b) Should the Administration fail to comply with the time limits herein, the Union may appeal to the next step. Should the Union fail to comply with the time limits herein, the grievance shall be considered abandoned. Time limits may be extended by mutual consent of the parties, which shall not be unreasonably withheld.permitted to be reinstituted. If an appeal is filed under the Civil Service appeal procedure, the employee shall not be entitled to 3) The following procedure Section 2. Any grievance or dispute which may arise concerning the application, meaning or interpretation of this Agreement shall be utilized when a grievance is initiated by an employee, a group of employees or settled in the Unionfollowing manner: STEP 1: A . The employee, either alone or accompanied by the Association representative or the Association where entitled, shall present the grievance must be presented orally in writing to the appropriate immediate supervisor his/her District Office Commander, within three (3) 15 working days of the date of its occurrence or within three (3) days after it has become known knowledge of its occurrence, whichever is later. The District Office Commander shall attempt to resolve the matter and report his/her decision to the employee. The supervisor shall have three (3) employee in writing within 10 working days following such presentation to submit his oral response. The employee shall be accompanied by a Union representative if so requestedof its presentation. STEP 2: If . In the event the grievance is has not settled been satisfactorily resolved at Step 1, written appeal may be made by the first stepemployee or Association representative within 7 working days of the Step 1 decision to the Bureau of Employee Relations, Office of Administration and shall contain a copy of the Union or the aggrieved may reduce Step 1 decision. Upon receipt of the grievance to writing. The written at Step 2, a representative from the Bureau of Employee Relations, and the PLEA Grievance Chairman shall schedule a grievance must be presented to the Department Head within committee meeting consisting of no more than five (5) working days after receipt representatives for the Employer (including representation from BLCE, the Bureau of Employee Relations and the STEP 1 answer. The Department Head shall reply in writing within 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 after receipt of days, unless the written grievanceparties agree otherwise. STEP 3: If . Should the grievance is not settled Grievance Committee be unable to resolve the grievance(s) at STEP Step 2, an appeal may be initiated by the Union may appeal Association serving upon the Employer a notice in writing of the intent to the Deputy Mayor for Labor Relations. Such appeal must be submitted proceed to arbitration within seven (7) 7 working days after receipt the grievance committee meeting. Said notice shall identify the provisions of the STEP 2 replyAgreement and the employee involved, and shall include a copy of the grievance. Section 3. An employee shall be permitted to have a representative of the Association present at each step of the grievance procedure. Section 4. This Article is not applicable to Liquor Enforcement Officer Trainees during their entire training period. Section 5. The Deputy Mayor or his designated representative shall Department and the Association agree to meet within ten (10) working days with and discuss for the Union to attempt to resolve the grievance. The Deputy Mayor shall reply to the Union in writing within tenpurpose of establishing a grievance numbering/tracking system for Step 1 through Step 3 grievances.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCES AND ARBITRATION. 1) Definition A grievance is shall be defined as a complaint, dispute or controversy in which it is claimed that either party has failed in an obligation under this Agreement and which involves complaint between the meaningparties concerning the interpretation, interpretation application, performance, termination, or application any alleged breach of this Agreement. a) Both parties agree . Verbal warnings or counselings that all grievances should are not memorialized in writing shall not be dealt with promptly and every effort should be made to settle grievances as close subject to the source as possiblegrievance and arbitration procedure. DRAFT bGrievances shall be processed in the following manner: An employee(s) having a grievance may request to discuss the grievance with their immediate supervisor. An authorized Union representative shall have the right to participate in all such discussions. If there is no informal discussion or the grievance is not resolved through such discussion, an employee(s) having a grievance or the Union shall submit the grievance in writing to the HR Manager within seven (7) days of the incident or within seven (7) days from the time the employee(s) should have been reasonably aware of the incident. The grievance shall identify the nature of the grievance, the facts giving rise to the grievance, the names of the aggrieved employee(s), the date of the alleged grievance, the provision(s) of the Agreement violated by the Employer, and the remedy sought. The Department Head or his/her designee and the HR manager shall meet with the grievant(s) and/or Union representative within seven (7) calendar days of receipt of the grievance and shall respond in writing within seven (7) calendar days after the meeting. Discharges or suspensions shall be brought directly to Step 2 of the grievance procedure. Step 2 Should the Administration fail to comply employee or the Union be dissatisfied with the time limits hereinEmployer’s disposition of the grievance in Step 1, the grievance may, within seven (7) calendar days after the answer in Step 1, be presented at Step 2 to the facility CEO of the Employer. The facility CEO will meet with the grievant and/or Union representative within seven (7) calendar days of the receipt of the grievance at Step 2 and shall respond in writing within seven (7) calendar days after the meeting. In the event the grievance is not settled under the grievance procedure, the Union may, within twenty-one (21) calendar days from the receipt of the Employer’s decision in Step 2 of the grievance procedure, submit the grievance to the American Arbitration Association Both the Union and the Employer agree to abide by the American Arbitration Association’s Voluntary Labor Arbitration Rules. Each party will be responsible for one-half (1/2) the total cost of the arbitrator as well as the location of the hearing. Each party will be responsible for the expenses of its own representatives and witnesses for time lost, and the cost of the transcript where there is no mutual agreement to order it. The parties may appeal mutually agree to establish a panel of arbitrators and the procedures for selecting an arbitrator among the panel. The arbitrator shall have no power to add to, subtract from, or modify the terms of the agreement. The decision of the arbitrator shall be final and binding on both parties. Procedures: The lack of a response by the Employer within the prescribed time shall be construed as a negative response and the Union shall have the right to proceed to the next step. Should The Union and the Union fail Employer may agree to comply with the time limits herein, submit a grievance initially at Step 3/Arbitration of the grievance shall be considered abandonedprocedure. Time limits may be extended by mutual consent agreement of the parties, which Union and the Employer. Such extension shall be in writing. Grievances arising after the expiration of the Agreement shall not be unreasonably withheldarbitrable. 3) The following procedure shall be utilized when a grievance is initiated by an employee, a group of employees or the Union: STEP 1: A grievance must be presented orally to the appropriate immediate supervisor within three (3) working days of occurrence or within three (3) days after it has become known to the employee. The supervisor shall have three (3) days following such presentation to submit his oral response. The employee shall be accompanied by a Union representative if so requested. STEP 2: If the grievance is not settled at the first step, the Union or the aggrieved may reduce the grievance to writing. The written grievance must be presented to the Department Head within five (5) working days after receipt of the STEP 1 answer. The Department Head shall reply in writing within five (5) working days after receipt of the written grievance. STEP 3: If the grievance is not settled at STEP 2, the Union may appeal in writing to the Deputy Mayor for Labor Relations. Such appeal must be submitted within seven (7) working days after receipt of the STEP 2 reply. The Deputy Mayor or his designated representative shall meet within ten (10) working days with the Union to attempt to resolve the grievance. The Deputy Mayor shall reply to the Union in writing within ten

Appears in 1 contract

Sources: Collective Bargaining Agreement