Common use of Grievances Clause in Contracts

Grievances. A claim or complaint by a bargaining unit member, or group of bargaining unit members, or the Union, stating that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement, or any established practice which is two (2) or more years’ duration, may be processed as a grievance as hereinafter provided. Step 1. In the event that a unit member or the Union believes that a grievable incident has occurred, the member or the Union shall request a meeting with the supervisor involved within five (5) days of the occurrence of such grievable incident, or the grievant’s knowledge of the occurrence. The supervisor will schedule a meeting on the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writing, within ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (5) days of the receipt of the grievance, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Union. Step 3. If the Union is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within five (5) days of receipt of the written grievance, the grievance shall be transmitted to the superintendent within five (5) days of the receipt of the Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union on the grievance. The superintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Union and the grievant(s).

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. A claim or complaint by a bargaining unit member, or group of bargaining unit members, or the Union, stating that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement, or any established practice which is two (2) or more years’ duration, may be processed as a grievance as hereinafter provided. Step 1. In the event that a unit member or The Company and the Union believes agree that a grievable incident has occurredit is most desirable to resolve misunderstandings and disputes through discussions between the employee and the supervisor, and both the member or Company and the Union shall request a meeting encourage employees to discuss their complaints with their supervisors so as to resolve differences quickly and directly without necessarily having to resort to the supervisor involved following formal process: Formal grievances, whether individual or executive, shall be raised within five thirty (530) days of the occurrence of such grievable incidentdate on which the grievance becomes apparent, or the grievant’s knowledge of the occurrenceought to have become apparent. The supervisor will schedule a meeting Grievances shall be in writing on the approved grievance within five (5) days form and shall be dealt with in the following manner without stoppage of such request. work: STEP 1 - The supervisor or designee grievance shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied be taken up with the answer or the supervisor fails or refuses to provide such meeting employee’s out-of-scope Manager, who shall render a decision within five three (53) working days of the requestreceipt of the grievance. Executive grievances (those submitted by the Union organization rather than by an individual) and grievances which involve a dismissal or a suspension in excess of seven (7) calendar days, the claim or complaint may be formalized in writing as provided hereundershall dispense with Step 1. Step 2. A formalized grievance shall be submitted, in writing, within ten STEP 2 - Within seven (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (57) days of the receipt of the grievancedecision in Step 1 in the case of individual grievances, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Union. Step 3. If the Union is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within five thirty (530) days of receipt the date on which the grievance became apparent or ought to have become apparent in the case of the written grievanceexecutive grievances, the grievance shall be transmitted taken up with the Management Designate, as specified by the Publisher from time to the superintendent time, who shall render a decision within five (5) days of the receipt of the Step 2 answer. Within seven (7) days after working days. In grievances which involve a dismissal or a suspension which exceeds seven (7) calendar days, the Company and the Union may combine steps two and three of the grievance has been so submittedprocedure to expedite the matter. STEP 3 - In the event that a decision is not rendered within seven (7) working days, or the decision does not lead to resolution in the view of the parties, the superintendent General Secretary of the Union or designate shall meet immediately consult with the Union on the grievancePublisher of Western Producer Publications or designate. The superintendent, If settlement is not achieved within five a further fourteen (514) working days after the conclusion of the meeting, shall render a written decision thereon with copies it may be submitted to the Union and the grievant(s)arbitration as hereinafter provided for.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. A claim Any Complaint alleging Discrimination or complaint Harassment shall be pursuant to Board Rule 4001.2 and 4001.3 as they existed on July 10, 2021. Any amendments to Board Rule 4001.2 or 4001.3 which occur after July 10, 2021 will be submitted to the Union for approval prior to implementation for employees covered by a bargaining unit memberthis Agreement. Any other grievance, complaint, disagreement or group difference of bargaining unit membersopinion between the District, the Union or the Union, stating that there has been a violation, misinterpretation, or misapplication employees covered by the Agreement concerning application of any provision the terms of this Agreement, or any established practice which is two (2) or more years’ duration, may Agreement will be processed as a using the following grievance as hereinafter provided.procedure: Step 1. In the event that a unit member (A) Any Employee or the Union believes that may present a grievable incident has occurredGrievance. Any Grievance which is not presented within fifteen (15) days following the event giving rise to such a Grievance shall be forfeited and waived by the aggrieved party. The grievance form shall state the name of every employee authorizing the filing of the grievance, and all grievances shall be signed by at least one aggrieved employee. An aggrieved employee shall have the member right to a Union Representative appointed by the Union. (B) The grievant shall first take up the Grievance by presenting it in writing to their immediate supervisor or designee. If the Union shall request a meeting Grievance is not satisfactorily adjusted with the supervisor involved within five (5) days of from the occurrence of such grievable incidentmeeting with the supervisor, the Employee or the grievant’s knowledge of the occurrence. The supervisor will schedule a meeting on Union representative shall present the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunderto the Chief Financial Officer or his or her designated representative. Step 2. A formalized grievance (C) The Chief Financial Officer or his or her designated representative shall be submitted, in writing, within ten (10) days of from the meeting between day it was received, make a determination and submit the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent determination to the Union and the immediate supervisor. The immediate supervisor shall, within five (5) days of the receipt of the grievance, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Unionaggrieved party in writing. Step 3. If (D) Each party reserves the Union is right to litigate a question presented by the Grievance by bringing an original action in any court of competent jurisdiction in the event such party shall not be satisfied with the disposition resolution of the Grievance. However, no such litigation may be maintained until all available steps under this grievance at Step 2 or if no disposition has procedure have been made within five (5) days of receipt pursued and exhausted. It is understood and agree to between the parties that the role of the written grievance, Chief Financial Officer or his or her designee in the grievance procedure is not an exercise of a judicial or quasi-judicial function, but solely as a means to allow the parties to resolve disputes informally. (E) Definitions: Days shall be transmitted to the superintendent within five (5) days of the receipt of the Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union on the grievance. The superintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Union and the grievant(s)mean calendar days.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. A claim Grievances shall be presented and adjusted in accordance with the following procedures: Level one: If a complaint is not resolved in a conference between the affected teacher and his/her principal or immediate supervisor, the complaint by a bargaining unit member, or group of bargaining unit members, or the Union, stating that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement, or any established practice which is two (2) or more years’ duration, may be processed as formalized into a grievance as hereinafter provided. Step 1grievance. In the event that a unit member or the Union believes that a grievable incident has occurred, the member or the Union It shall request a meeting with the supervisor involved be submitted in writing within five (5) days of the occurrence of such grievable incident, or the grievant’s knowledge of the occurrence. The supervisor will schedule a meeting on the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writing, within ten (10) days of the meeting between the supervisor principal and the affected bargaining unit member(s)teacher. A copy of the grievance shall be sent to the Union principal or immediate supervisor and to the immediate supervisorAssociation. If a particular grievance arises in more than one school building, a copy shall also be sent to the Superintendent. The principal or immediate supervisor shall, shall within five (5) days of the receipt of the grievance, grievance render a written decision. A copy of this decision shall be forwarded go to the grievant(s) grievant, the Association and to the Union. Step 3Superintendent. Level two: If the Union grievance is not resolved to the satisfaction of the Association or no decision is rendered, the Association shall submit the grievance to the Superintendent within five (5) days of the decision or lack of decision. Within seven (7) days after submission of the grievance, the Superintendent or his/her designee will conduct a hearing. The Superintendent shall have five (5) days after the conclusion of the hearing to render his/her written decision thereon. Level three: In the event the Association is not satisfied with the disposition of the grievance at Step Level 2 or if no disposition has been made not elected the expedited grievance procedure as provided below, the grievance may be submitted to arbitration within five thirty (530) days of after receipt of the written grievanceopinion. The arbitrator shall be selected by the American Arbitration Association in accord with its rules which shall likewise govern the arbitration hearing. The arbitrator shall have no power to alter, add to, or subtract from, the grievance shall terms of this Agreement. Both parties agree to be transmitted to bound by the superintendent within five (5) days award of the receipt arbitrator and agree that judgment thereon may be entered in any court of the Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union on the grievance. The superintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Union and the grievant(s)competent jurisdiction.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. A claim or complaint by a bargaining unit member, member or group of bargaining unit members, members or the Union, stating Union that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement, or any established practice which is two (2) or more years’ duration, may be processed as a grievance as hereinafter provided. Step STEP 1. In the event that a unit member or the Union believes that believe a grievable incident has occurred, the member or the Union shall request a meeting with the supervisor involved within five (5) working days of the occurrence of such grievable incident, incident or the grievant’s 's knowledge of the occurrence. The supervisor will schedule a meeting on the grievance within five (5) working days of such request. The supervisor or designee shall answer the complaint or grievance within two five (25) working days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step STEP 2. A formalized grievance shall be submitted, in writing, within ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (5) days of the receipt of the grievance, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Union. Step STEP 3. If the Union is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within five (5) days of receipt of the written grievance, the grievance shall be transmitted to the superintendent Superintendent within five (5) days of the receipt of the Step 2 answer. Within seven ten (710) days after the grievance has been so submitted, the superintendent Superintendent shall meet with the Union on the grievance. The superintendentSuperintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Union and the grievant(s). STEP 4. Either party may request the services of a state mediator (Michigan Employment Relations Commission) if resolution to the grievance has not been met after Step

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. A claim Any Complaint alleging Discrimination or complaint Harassment shall be pursuant to Board Rule 4001.2 as it existed on July 10, 2018. Any amendments to Board Rule 4001.2 which occurs after July 10, 2018 will be submitted to the Union for approval prior to implementation for employees covered by a bargaining unit memberthis Agreement. Any other grievance, complaint, disagreement or group difference of bargaining unit membersopinion between the District, the Union or the Union, stating that there has been a violation, misinterpretation, or misapplication employees covered by the Agreement concerning application of any provision the terms of this Agreement, or any established practice which is two (2) or more years’ duration, may Agreement will be processed as a using the following grievance as hereinafter provided.procedure: Step 1. In the event that a unit member (A) Any Employee or the Union believes that may present a grievable incident has occurred, Grievance. Any Grievance which is not presented within fifteen (15) days following the member event giving rise to such a Grievance shall be forfeited and waived by the aggrieved party. (B) The grievant shall first take up the Grievance by presenting it in writing to their immediate supervisor or designee. If the Union shall request a meeting Grievance is not satisfactorily adjusted with the supervisor involved within five (5) days of from the occurrence of such grievable incidentmeeting with the supervisor, the Employee or the grievant’s knowledge of the occurrence. The supervisor will schedule a meeting on Union representative shall present the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunderto the Chief Financial Officer or his or her designated representative. Step 2. A formalized grievance (C) The Chief Financial Officer or his or her designated representative shall be submitted, in writing, within ten (10) days of from the meeting between day it was received, make a determination and submit the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent determination to the Union and the immediate supervisor. The immediate supervisor shall, within five (5) days of the receipt of the grievance, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Unionaggrieved party in writing. Step 3. If (D) Each party reserves the Union is right to litigate a question presented by the Grievance by bringing an original action in any court of competent jurisdiction in the event such party shall not be satisfied with the disposition resolution of the Grievance. However, no such litigation may be maintained until all available steps under this grievance at Step 2 or if no disposition has procedure have been made within five (5) days of receipt pursued and exhausted. It is understood and agree to between the parties that the role of the written grievance, Chief Financial Officer or his or her designee in the grievance procedure is not an exercise of a judicial or quasi-judicial function, but solely as a means to allow the parties to resolve disputes informally. (E) Definitions: Days shall be transmitted to the superintendent within five (5) days of the receipt of the Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union on the grievance. The superintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Union and the grievant(s)mean calendar days.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. A claim or complaint by The aggrieved employee will submit a bargaining unit member, or group grievance in writing through the authorized representative of bargaining unit members, or the Union. If the Union considers the grievance to be justified, stating that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement, or any established practice which is two (2) or more years’ duration, may be processed as the Union through its authorized representative will file a grievance as hereinafter provided. Step 1in writing with the grievor’s Director within ten (10) working days of the date the grievor received (or should have received) the decision from their Manager. In The Director or their designate who has not heard the event that a unit member or dispute in the Union believes that a grievable incident has occurred, the member or the Union shall request complaint stage will hold a meeting with the supervisor involved within five (5) days of Manager, Union and the occurrence of such grievable incident, or the grievant’s knowledge of the occurrence. The supervisor will schedule a meeting on the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writinggrievor, within ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (5) working days of the receipt of the grievance, render a written decision. A copy of this decision shall be forwarded to grievance and will give the grievant(s) Union and the Uniongrievor their decision in writing within ten (10) working days of the meeting. Where the meeting is held outside of the grievor’s work location, the employer will pay all costs of attending the meeting for both the grievor and their representative. Where the Union deems it necessary to have an Executive Board member or Member of the Union Council attend the Step 1 meeting, the Employer will grant time off to attend such meeting without loss of pay or credits. 1. The Vice President or their designate who has not heard the dispute in the complaint stage or Step 3. If 1 will hold a meeting with the Union is not satisfied with and at the disposition of the grievance at Step 2 or if no disposition has been made within five (5) days of receipt of the written grievanceUnion’s discretion, the grievance shall be transmitted to the superintendent grievor, within five ten (5l0) working days of the receipt of the Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union on the grievance. The superintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to and will give the Union and the grievant(s)grievor their decision in writing within ten (10) working days of the meeting. In situations of excessive delay by the Employer, and in order to have the grievance heard in a timely manner, the Employer agrees to pay one hundred percent (100%) of the griever’s travel, accommodation and meal expenses to attend the second step grievance meeting held outside the grievor’s work location.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Grievances. A claim or complaint by a bargaining unit member, member or group of bargaining unit members, members or the Union, stating Union that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement, or any established practice which is two (2) or more years’ duration, may be processed as a grievance as hereinafter provided. Step STEP 1. In the event that a unit member or the Union believes that believe a grievable incident has occurred, the member or the Union shall request a meeting with the supervisor involved within five (5) working days of the occurrence of such grievable incident, incident or the grievant’s 's knowledge of the occurrence. The supervisor will schedule a meeting on the grievance within five (5) working days of such request. The supervisor or designee shall answer the complaint or grievance within two five (25) working days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step STEP 2. A formalized grievance shall be submitted, in writing, within ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (5) days of the receipt of the grievance, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Union. Step STEP 3. If the Union is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within five (5) days of receipt of the written grievance, the grievance shall be transmitted to the superintendent Superintendent within five (5) days of the receipt of the Step 2 answer. Within seven ten (710) days after the grievance has been so submitted, the superintendent Superintendent shall meet with the Union on the grievance. The superintendentSuperintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Union and the grievant(s). STEP 4. Either party may request the services of a state mediator (Michigan Employment Relations Commission) if resolution to the grievance has not been met after Step 3. Time limits shall be waived and meeting date predicated on the state mediator’s availability. STEP 5. If the Union is not satisfied with the disposition of the grievance at Step 3 or 4 (if applied) or if no disposition has been made within the period above provided, the Union may, within forty-five (45) calendar days of the Step 3 deadline, submit the grievance to arbitration. If the Union needs additional time before determining to proceed to arbitration, the Union shall upon written notice to the Employer, be granted an additional fourteen (14) calendar days.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. A claim or complaint by a bargaining unit member5.1 There shall be an ▇▇▇▇▇▇▇ effort on the part of both parties to this agreement, to settle promptly through the procedure set out herein, any complaints, grievances, or group disputes arising from the interpretation, application or administration of bargaining unit membersthis Agreement. Probationary employees cannot grieve their layoff or termination. (a) The parties acknowledge that in the interests of promoting good working relationships, or any differences should be dealt with and settled at the earliest possible stage. Generally the employee will seek to resolve the issue with the employee’s Territory Manager. (b) Should settlement not be reached between the employee and his/her Territory Manager, the Union may submit a grievance, which must be in writing, on forms supplied by the Union, stating that there has signed by the Union and the employee having such grievance and setting out, among other particulars: (i) the nature of the grievance, (ii) the Article or Articles of the Agreement alleged to have been a violation, misinterpretationviolated; and (iii) the nature of the remedy sought and shall not be subject to change at later steps except by mutual agreement in writing with the Employer, or misapplication in the case of any provision of this Agreementremedy, or any established practice an Arbitrator. 5.3 In determining the time which is two (2) or more years’ durationallowed in the various steps of Articles 5 and 6, Saturday, Sunday and Statutory Holidays shall be excluded and any time limits may only be processed as a grievance as hereinafter providedextended by mutual agreement in writing. Step 1. In 5.4 If the event that a unit member employee or the Union believes that a grievable incident has occurreddoes not advance the grievance in accordance with Article 5 & 6 hereof within the time limits specified herein, or as may be extended in writing as set out above, the member or the Union grievance shall request a meeting with the supervisor involved within be deemed to have been abandoned and may not be re- opened. 5.5 Grievances properly arising under this Agreement shall be adjusted and settled as follows: Step 1 Within five (5) full working days of after the occurrence of such grievable incidentcircumstances giving rise to the grievance occurred or originated, or the grievant’s knowledge of aggrieved employee and/or a union representative shall present the occurrencegrievance in writing to the Territory Manager. The supervisor Territory Manager will schedule a meeting on the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied to meet with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writing, union representative within ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy presentation of the written grievance (except in the case of a grievance relating to a termination of employment in which case it shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (5) days of the receipt of the grievance, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Union. Step 3days). If a settlement satisfactory to the Union is not satisfied with reached within two (2) full working days after the disposition of meeting scheduled by the Territory Manager, the grievance may be presented as indicated in Step Two to the Services General Manager at Step 2 or if no disposition has been made any time within five (5) full working days of receipt thereafter. Step 2 A meeting between the Services General Manager (or his/her designate) and the Grievor and the Business Representative of the written grievance, the grievance Union shall be transmitted convened within (10) full working days to the superintendent within five (5) days of the receipt of the Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet deal with the Union on the grievance. The superintendent, Should no satisfactory settlement be reached within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Union and the grievant(s).five

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Grievances. A claim Any Complaint alleging Discrimination or complaint Harassment shall be pursuant to Board Rule 4001.2 and 4001.3 as they existed on July 10, 2024. Any amendments to Board Rule 4001.2 or 4001.3 which occur after July 10, 2024 will be submitted to the Union for approval prior to implementation for employees covered by a bargaining unit memberthis Agreement. Any other grievance, complaint, disagreement or group difference of bargaining unit membersopinion between the District, the Union or the Union, stating that there has been a violation, misinterpretation, or misapplication employees covered by the Agreement concerning application of any provision the terms of this Agreement, or any established practice which is two (2) or more years’ duration, may Agreement will be processed as a using the following grievance as hereinafter provided.procedure: Step 1. In the event that a unit member (A) Any aggrieved Employee or the Union believes that may present a grievable incident has occurredGrievance. All Grievances must be in writing. Any Grievance which is not presented within fifteen (15) days following the event giving rise to such a Grievance shall be forfeited and waived by the aggrieved party. The grievance form shall state the name of every employee authorizing the filing of the grievance, and all grievances shall be signed by at least one aggrieved employee who is directly affected by the member or alleged grievance. An aggrieved employee shall have the right to a Union Representative appointed by the Union throughout the grievance process. (B) The grievant shall request a meeting first take up the Grievance by presenting it in writing to their immediate supervisor or designee. If the Grievance is not satisfactorily adjusted with the supervisor involved within five (5) days of from the occurrence of such grievable incidentmeeting with the supervisor, the Employee or the grievant’s knowledge of the occurrence. The supervisor will schedule a meeting on Union representative shall present the grievance in writing to the Chief Financial Officer or his or her designated representative. (C) The Chief Financial Officer or his or her designated representative shall within five twenty (520) days of such requestfrom the day it was received, make a determination and submit the determination to the aggrieved party in writing. The supervisor or designee shall answer the complaint or Prior to making a grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the requestdetermination, the claim Chief Financial Officer (or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submittedhis/her designee) may, in writing, within ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (5) days of the receipt of the grievance, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Union. Step 3. If the Union is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within five (5) days of receipt of the written grievanceGrievance, request a meeting with the Union President (or his/her designee) and/or the grievant. Also, the grievance shall be transmitted to Union President (or his/her designee) and/or the superintendent grievant may, within five (5) days of the receipt date of the Step 2 answerGrievance, request a meeting with Chief Financial Officer (or his/her designee). Within seven In the event of a meeting with the Chief Financial Officer (7or his/her designee) days after and the Union President (or his/her designee), both parties must have full authority to settle the Grievance at said meeting. In the event of a requested meeting, the Chief Financial Officer’s (or his/her designee’s) timelines shall be suspended until such meeting can be held. (D) Each party reserves the right to litigate a question presented by the Grievance by bringing an original action in any court of competent jurisdiction in the event such party shall not be satisfied with the resolution of the Grievance. However, no such litigation may be maintained until all available steps under this grievance procedure have been pursued and exhausted and before the Union’s attorney has met with the District’s attorney to discuss the issue that may be subject to litigation. It is understood and agree to between the parties that the role of the Chief Financial Officer or his or her designee in the grievance has been so submittedprocedure is not an exercise of a judicial or quasi-judicial function, but solely as a means to allow the superintendent parties to resolve disputes informally. (E) Definitions: Days shall meet with the Union on the grievance. The superintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Union and the grievant(s)mean calendar days.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. A claim 7.01 The Union shall elect or otherwise appoint a Grievance Committee, which shall be recognized by the University for the purpose of grievance adjustment. The Union shall advise the University of the names of the Committee as well as such changes in its personnel as may occur from time to time. 7.02 Any employee having a complaint by a bargaining unit membershould discuss the matter with his or her immediate supervisor. An employee, upon his or group of bargaining unit members, or the Union, stating that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement, or any established practice which is two (2) or more years’ durationher request, may be processed accompanied by a member of the Grievance Committee during such discussions. 7.03 Any employee may present his/her complaint personally or may be represented or assisted by a member of the Grievance Committee. Such employee shall be entitled to examine documents pertinent to his/her personal complaint. 7.04 (Stage One) Any complaint that has not been dealt with to the satisfaction of the employee concerned may be presented as a written grievance as hereinafter providedto the Department Head/Designate within 15 working days of the circumstances giving rise to the grievance. Step 1. In 7.04.1 The Department Head/Designate shall, upon receipt of the event that a unit member or the Union believes that a grievable incident has occurredgrievance, the member or the Union shall request schedule a meeting with the supervisor involved within five (5) days grievor and a representative of the occurrence of such grievable incident, or Union to hear and discuss the grievant’s knowledge grievance. This meeting shall be held within 10 working days after receipt of the occurrencegrievance. The supervisor Following the meeting, the Department Head/Designate will schedule give a meeting on written decision within 3 working days. 7.05 (Stage Two) If the grievance is not resolved at Stage One, it may be presented to the Director, Employee and Labour Relations in Human Resources or his/her designate within five (5) 10 working days after the Stage One decision has been received. 7.05.1 Upon receipt of such request. The supervisor the grievance, the Director, Employee and Labour Relations in Human Resources or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied his/her designate will meet with the answer or the supervisor fails or refuses to provide such meeting within five (5) days Grievance Committee, and a representative of the requestCanadian Union of Public Employees, to discuss the claim or complaint may be formalized in writing as provided hereunder. Step 2matter. A formalized grievance This meeting shall be submitted, in writing, held within ten (10) 10 working days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (5) days of after the receipt of the grievance, render a written decision. A copy of this written decision shall on the grievance will be forwarded given within 5 working days after the meeting. 7.06 The time limits specified in Articles 7.04 and 7.05 may be extended by mutual consent. The parties agree that employees should not harbour grievances; they should bring them to the grievant(s) and the Union. Step 3. If the Union is not satisfied with the disposition attention of the grievance at Step 2 or if Employer without delay. Accordingly, it is agreed that no disposition has been made within five (5) days of receipt of the written grievance, the grievance shall be transmitted considered unless submitted in writing within 15 working days or as soon as the circumstances giving rise to the superintendent within five (5) days of the receipt of the Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union on the grievance. The superintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to are known. 7.07 Any difference arising directly between the Union and the grievant(s)Employer involving the interpretation or alleged violation of this Agreement which cannot otherwise be dealt with under this Article because of the inability or refusal of an employee to submit a grievance, or where the grievance affects a group of employees, or a department, or the University as a whole, may be submitted by the Union in writing, at the second stage, and dealt with as a proper grievance under the grievance procedure. Failing satisfactory solution within the time period spelled out in Article 7.06 such grievances may be referred to Arbitration. 7.07.1 Any such grievance, as described above, which refers to a matter involving only one department, shall be submitted at Stage One to the Department Head/Designate of the department concerned.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Grievances. A claim or is a complaint by a member of the bargaining unit member, or group of bargaining unit members, or the Union, stating that there has been a violation, misinterpretation, misinterpretation or misapplication of any provision of the provisions of this Agreement, or any established practice which is two (2) or more years’ duration, may . First Stage: The grievance shall first be processed as a grievance as hereinafter provided. Step 1. In the event that a unit member or filed by the Union believes that a grievable incident has occurred, the member or the Union shall request a meeting with the supervisor involved within five (5) days of the occurrence of such grievable incident, or the grievant’s knowledge of immediate supervisor within twenty (20) working days after the occurrenceact or condition which is basis for the grievance. The immediate supervisor will schedule a meeting on the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied meet and confer with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writing, Union and grievant within ten (10) school days (or working days) from the time of the meeting between the supervisor and the affected bargaining unit member(s). A copy filing of the grievance in an attempt to resolve the grievance. Within ten (10) working days after hearing the grievance, the immediate supervisor shall state his decision in writing and shall furnish one copy to the grievant and one copy to the Union. Any grievance not brought within the twenty (20) day timeframe shall be sent barred and no arbitrator shall have jurisdiction to rule on an untimely grievance. Second Stage: If the matter is not resolved to the satisfaction of the Union, the Union and may within ten (10) working days after receiving the decision of the immediate supervisor, appeal in writing from the decision to the Supervisor of Maintenance and Operation and the Deputy Superintendent of Business Affairs. The immediate supervisor shallappeal shall consist of the grievance and the decision at the First Stage. The Deputy Superintendent of Business Affairs and the Supervisor of Maintenance and Operation or either of them, shall meet and confer with the Union within five ten (510) working days from the time of filling the appeal in an attempt to resolve the grievance. Within ten (10) working days after hearing the appeal, the Deputy Superintendent of Business Affairs and the Supervisor of Maintenance and Operation, or either of them, shall communicate the decision on appeal in writing to the aggrieved. Third Stage: If the grievance cannot be settled at the Second Stage, the Union shall have ten (10) working days after receiving the decision rendered at the Second Stage to appeal from that decision to the Board. The appeal shall consist of the grievance and the decisions at the First and Second Stages thereof. Within thirty (30) days of the after receipt of the grievance, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Union. Step 3. If the Union is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within five (5) days of receipt of the written grievanceappeal, the grievance Board shall be transmitted to the superintendent within five (5) days of the receipt of the Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union hold a hearing on the grievance. The superintendent, within five hearing shall be open and informal and shall allow all parties to present their cases and to have representation if desired. The grievant and his representative shall have the right to present a written brief to the Board before they conduct deliberations leading to a decision in the case. Within ten (510) working days after the conclusion hearing on the appeal, the Board will communicate its decision in writing to the grievant and his representative. Fourth Stage: In the event that the matter is not resolved to the satisfaction of the meetingUnion at the Third Stage, there shall render be available a written Fourth Step of impartial arbitration. The grievant must submit in writing within thirty (30) working days after receiving the Board's decision thereon with copies at the Third Stage a request to enter into such arbitration. The parties to the Union grievance shall select an arbitrator and conduct the arbitration in accordance with the Voluntary Labor Rules or the American Arbitration Association. Expenses for the arbitrator and expenses which are common to both parties to the arbitration shall be borne equally by the Board and the grievant(s)grievant. The decision of the arbitrator shall be final and binding upon all of the parties.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. A grievance under this Agreement is a written dispute, claim or complaint arising under and during the term of this Agreement and filed by a bargaining unit membereither an authorized representative of, or group an employee in, the Bargaining Unit. Grievances are limited to matters of bargaining unit members, interpretation or the Union, stating that there has been a violation, misinterpretation, or misapplication application of any provision express provisions of this Agreement. The parties recognizing that an orderly grievance procedure is necessary, or any established practice which is two (2) or more years’ duration, may agree that each step must be processed adhered to as a grievance as hereinafter provided. Step 1. In the event that a unit member set forth herein or the Union believes that a grievable incident has occurred, the member or the Union shall request a meeting with the supervisor involved within five (5) days of the occurrence of such grievable incident, or the grievant’s knowledge of the occurrencegrievance is forfeited. The supervisor will schedule a meeting on the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may All grievances must be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writing, within ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (5) days of the receipt of the grievance, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Union. Step 3. If the Union is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within five (5) days of receipt of the written grievance, the grievance shall be transmitted to the superintendent within five (5) days of the receipt of the Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union on the grievance. The superintendent, filed within five (5) days after the conclusion occurrence of the meetingcircumstance giving rise to the grievance or five (5) days from when the grievant should reasonably have known of the occurrence, otherwise the right to file a grievance is forfeited and no grievance shall be deemed to exist. Step 1: Any employee having a complaint in connection with this employment shall present it to the Employer with the following understanding: Before initiating a grievance, the employee and/or Executive Board Member must first discuss the matter orally with the Division Commander or his/her designee. Step 2: If not resolved in Step 1, the grievance shall be reduced to writing on regular grievance form provided by the Local Association, signed by the employee and presented to the Sheriff or his/her designee within three (3) working days of receipt of same by the President or his/her designee. The Sheriff, or his/her designee, shall render answer said grievance within three (3) working days of receipt of same. Step 3: Failing to resolve the issue in the second step, the Association shall within five (5) working days of the Sheriff or his/her designee's disposition, contact the Director of Human Resources or designee to arrange a written decision thereon with copies to meeting between the Union Association and the grievant(s)County to discuss said grievance. This meeting shall be scheduled at a mutually agreeable time, which time shall not exceed, however, five (5) working days from the time the Association contacts the County unless a longer time is mutually agreed upon.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. A claim under this Collective Agreement a complaint in writing by an employee concerning the interpretation, application, administration or complaint alleged violation of the terms of the Collective Agreement which has been dealt with pursuant to section The following procedure shall be adhered to in processing grievances: No. The grievance shall be presented in writing within fifteen (15) working days from the date upon which the incident or circumstances first occurred or arose to the Branch Manager, pursuant to section above. The grievance shall be on a form approved by a bargaining unit member, or group of bargaining unit members, or the Bank and the Union, stating that there has shall contain the name of the griever, the date upon which the grievance was prepared, the nature of the grievance and the date upon which it is alleged to have occurred or arisen, the Article and section of the Collective Agreement which the griever alleges to have been a violationviolated, misinterpretation, or misapplication the remedy sought and the signature of any provision of this Agreement, or any established practice which is two (2) or more years’ duration, may be processed as a grievance as hereinafter provided. Step 1. In the event that a unit member or griever and the Union believes that a grievable incident has occurred, the member ▇▇▇▇▇▇▇. The Branch Manager or the Union her designated representative shall request a meeting with the supervisor involved reply giving her decision writing within five fifteen (515) working days following receipt of the occurrence of such grievable incident, or the grievant’s knowledge grievance. A copy of the occurrencereply will be provided to the Shop ▇▇▇▇▇▇▇. The supervisor will schedule a meeting on the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meetingNo. If the grievant is unsatisfied with grievance not satisfactorily resolved at Step No. the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, presented in writing, writing in accordance with the form set out in Step No. to the Provincial Vice-president or her designated representative. The grievance shall be presented within ten (10) working days of receipt of the meeting between reply at Step No. The Provincial Vice-president or her designated representative shall reply giving her decision within ten (10) working days following receipt of the supervisor and the affected bargaining unit member(s)grievance. A copy of the reply will be provided to the Shop ▇▇▇▇▇▇▇. No. If the grievance not satisfactorily resolved at Step No. the grievance shall be sent presented writing in accordance with the form set out in Step No. to the Union and the immediate supervisorRegional Senior Vice-president or her designated representative. The immediate supervisor shallgrievance shall be presented within ten (10) working days of receipt of the reply at Step No. The Regional Senior Vice-president or her designated representative shall reply giving her decision within ten (10) working days following receipt of the grievance. A copy of the reply will be provided to the Shop ▇▇▇▇▇▇▇. No. If the grievance not satisfactorily resolved at Step No. the grievance shall be presented writing in accordance with the form set out Step No. to the Vice-president, Employee Relations, Executive Offices or her designated representative. The grievance shall be presented within five ten (510) working days of the receipt of the grievancereply at Step No. The Vice-president, render Employee Relations, Executive Offices or her designated representative shall reply giving her decision within ten (10) working days following receipt of the grievance unless a written decisionmeeting held. A copy of this decision shall the reply will be forwarded provided to the grievant(s) Shop ▇▇▇▇▇▇▇. Where mutually agreed by the Bank and the Union. Step 3. If the Union is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within five (5) days of receipt of the written grievance, the grievance shall be transmitted a meeting maybe held to the superintendent within five (5) days of the receipt of the Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union on discuss the grievance. At this meeting a representative of the may be present. The superintendentVice-president, Employee Relations., or her designated representative, will then reply within five ten (510) working days after following the conclusion date of the meeting, shall render a written decision thereon with copies to the Union and the grievant(s).

Appears in 1 contract

Sources: Collective Agreement

Grievances. A claim or complaint by a bargaining unit member, member or group of bargaining unit members, members or the Union, stating union that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement, or any established practice practice, which is of two (2) or more years’ duration, years duration may be processed as a grievance as hereinafter provided. Step STEP 1. In the event that a unit member or the Union believes that union believe a grievable incident has occurred, the member or the Union union shall request a meeting with the supervisor involved within five (5) working days of the occurrence of such grievable incident, incident or the grievant’s 's knowledge of the occurrence. The supervisor will schedule a meeting on the grievance within five (5) working days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) working days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide provided such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step STEP 2. A formalized grievance shall be submitted, in writing, within ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union union and the immediate supervisor. The immediate supervisor shall, within five (5) days of the receipt of the grievance, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Unionunion. Step STEP 3. If the Union union is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within five (5) days of receipt of the written grievance, the grievance shall be transmitted to the superintendent within five (5) days of the receipt of the Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union union on the grievance. The superintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Union union and the grievant(s). If the union is not satisfied with the disposition of the grievance at Step 3 or if no disposition has been made within the period above provided the union may, within sixty (60) days, submit the grievance to arbitration.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. A claim Employees who feel themselves to be aggrieved by the interpretation or complaint by a bargaining unit member, or group alleged violation of bargaining unit members, or the Union, stating that there has been a violation, misinterpretation, or misapplication of any provision provisions of this Agreement, shall have the right to present a formal written grievance in keeping with the following procedure: Employees shall have the right to discuss with and settle through the Supervisor concerned any complaints they may have. Employees will have fifteen (15) days in which to submit a grievance from the day on which they first became aware of the action or any established practice circumstances giving rise to the grievance. Employees shall state the precise nature of the grievance, the of the Collective Agreement of which the interpretation are in dispute or which is two (2) alleged to have been violated, and the redress sought. The Supervisor, or more years’ durationdesignate, may shall be processed as the Employer's representative authorized to deal with grievances at Stage and shall forward a written reply to the grievance as hereinafter provided. Step 1. In by hand or by registered mail, with a copy to the event that a unit member or the Union believes that a grievable incident has occurred▇▇▇▇▇▇▇, the member or the Union shall request a meeting with the supervisor involved within five (5) days President of the occurrence of such grievable incident, or local and the grievant’s knowledge of the occurrence. The supervisor will schedule a meeting on the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writing, Alliance within ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy receipt of the grievance grievance. The supervisor or designate may request to the griever that a meeting take place to discuss the grievance. In such cases a meeting shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, scheduled within five a period of ten (510) days of the receipt of the grievance. The time limits for the reply will commence only the day that the meeting is held. Employees may, render if they so desire, be assisted or represented by the Alliance. Failing a satisfactory settlement at Stage employees will have twelve (12) days in which to submit grievances to Stage from the date on which the reply at Stage was delivered or postmarked by registered mail or was due, provided that the support of and representation by the Alliance has been obtained. The Director General, or designate, shall be the Employer's representative authorized to deal with grievances at Stage The Director General, or designate, shall schedule a hearing within the prescribed time limits, and the hearing shall be scheduled within a period of nine (9) days following receipt of the submission to Stage The time limits for the written reply at stage will only commence from the day that the hearing is held. The Director General or designate shall forward a written decision. A reply, by hand or by registered mail with a copy of this decision shall be forwarded to the grievant(s) ▇▇▇▇▇▇▇, the President of the Local and the Union. Step 3. If the Union is not satisfied with the disposition National Component of the grievance at Step 2 or if no disposition has been made Alliance within five nine (59) days of receipt of a hearing at Stage Where the written grievanceCorporation discharges an employee, the grievance shall be transmitted to the superintendent within five (5) days of the receipt of the Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union on the grievance. The superintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Union and the grievant(s).procedure set forth in Clause applies except that:

Appears in 1 contract

Sources: Collective Agreement

Grievances. A claim or complaint by a bargaining unit memberWhenever an employee is discharged, or group of bargaining unit members, or the Union, stating grievance procedure as set forth in this Article shall apply except that there the grievance shall be initiated at Step Two within twenty (20) working days after the said employee has been a violationdischarged. The Division Head shall confer with the of Local within seven (7) working days after receipt of the grievance. In the event the Division Head does not provide redress satisfactory to Local it may within seven (7) working days after the receipt of the written decision of the Division Head, misinterpretation, or misapplication forward copies of any provision the grievance and the written decision as provided for in Step to the Director of this Agreement, or any established practice which is two Employee and Labour Relations. The Director of Employee and Labour Relations shall confer at Step with Representatives of Local within seven (27) or more years’ duration, may working days after receipt of the grievance and the written decision of the Division Head. ▇▇▇▇ then advise Local in writing of decision in respect to the grievance within ten (10) working days following the Step meeting. Any grievance of an employee with respect to Article (Job shall be processed as a grievance as hereinafter provided. initiated at Step 1Two within twenty (20) working days of the circumstances giving rise to the grievance. In the event that a unit member or the Union believes that a grievable incident has occurred, the member or the Union shall request a meeting with the supervisor involved within five (5) days of the occurrence of such grievable incident, or the grievant’s knowledge of the occurrence. The supervisor will schedule a meeting on the grievance is with respect to not being selected for a position, if such position is within five (5) days of such request. The supervisor or designee shall answer a Division other than the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writing, within ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (5) days of the receipt of the grievance, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Union. Step 3. If the Union is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within five (5) days of receipt of the written grievanceemployee's Division, the grievance shall be transmitted directed by Local to the superintendent within five (5) days Head of the receipt of Division in which the vacancy occurred. Sexual Discrimination or Harassment Where an allegation is made by an employee that Article (No Discrimination or Harassment) or Clause (Sexual Harassment) has been violated, a grievance shall be initiated at Step 2 answer. Within seven Two within forty (740) working days after the grievance has been so submitted, the superintendent shall meet with the Union on the grievance. The superintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies such violation is alleged to the Union and the grievant(s)have occurred.

Appears in 1 contract

Sources: Collective Agreement

Grievances. A claim or complaint grievance is an allegation by a bargaining unit member, or group of bargaining unit members, or the Union, stating that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement, or any established practice which is two (2) or more years’ duration, may be processed as a grievance as hereinafter provided. Step 1. In the event that a unit member an employee or the Union believes that a grievable incident has occurredthe terms of the Agreement between the Union and the City have been violated or misrepresented. Disciplinary actions which result in written reprimands, suspensions of three (3) days or less, loss of part or all of vacation, are subject to appeal through the Grievance Procedure. When any such grievance arises, the member or the Union shall request a meeting with the supervisor involved within five (5) days of the occurrence of such grievable incident, or the grievant’s knowledge of the occurrence. The supervisor will schedule a meeting on the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance procedure shall be submitted, in writingfollowed: STEP 1. An employee who has a grievance shall, within ten (10) working days of the date which the employee becomes aware of the incident precipitating the grievance, initiate orally the problem solving technique, (discussions and conciliation), to the immediate Division 0 supervisor or to the next highest level of supervision. That supervisor, employee, and Local Union ▇▇▇▇▇▇▇ shall meet within ten (10) working days of notification. The purpose of the meeting between is an attempt to resolve the supervisor and grievance. The Employee or Local Union ▇▇▇▇▇▇▇ shall provide an official grievance form at the affected bargaining unit member(s). A copy beginning of this meeting setting forth the details of the grievance (i.e., the facts upon which it is based, the article(s) violated, and the relief requested) and signed and dated by the employee and his/her ▇▇▇▇▇▇▇. The supervisor hearing the grievance shall be sent render an answer in writing stating the reasons for granting or denying the grievance to the employee, the Local Union ▇▇▇▇▇▇▇, and the immediate supervisorLocal Union Official within ten (10) working days after the Step 1 meeting. STEP 2. The immediate supervisor shallIf the employee’s grievance is not satisfactorily settled at Step 1, the Union may, within five ten (510) working days of the after receipt of the Step 1 answer, appeal the grievance to the grievant’s Division Head. The Division Head shall meet with the employee, employee’s ▇▇▇▇▇▇▇ and Local Union Official within ten (10) working days after receipt of the written grievance in an attempt to adjust the grievance, and shall render a written decision. A copy of this decision shall be forwarded an answer in writing stating the reasons for granting or denying the grievance to the grievant(s) employee, the employee’s ▇▇▇▇▇▇▇, and the UnionLocal Union Official within ten (10) working days after the Step 2 meeting. Step STEP 3. If the Union grievance is not satisfied with the disposition of the grievance satisfactorily settled at Step 2 or if no disposition has been made within five (5) days of receipt of the written grievance2, the grievance shall be transmitted to the superintendent Union may, within five ten (510) working days of after the receipt of the Step 2 answer, appeal the grievance to the Department Head. Within seven The Department Head or his/her designated representative shall meet with a Local Union Official and Ohio Council 8 Staff Representative within ten (710) working days after receipt of the written appeal in an attempt to adjust the grievance, and shall render an answer in writing stating the reasons for granting or denying the grievance to the employee, the employee’s ▇▇▇▇▇▇▇, the Staff Representative and the Local Union Official within ten (10) working days after the Step 3 meeting. At the request of the Union, the aggrieved employee and the employee’s ▇▇▇▇▇▇▇ shall be released to attend the Step 3 meeting. STEP 4. If the grievance is not satisfactorily settled at Step 3, the Union may, within ten (10) working days after receipt of the Step 3 answer submit the grievance to the Human Resources Director or Designee for grievance mediation. In recognition of the desirability of resolving disputes by mutual agreement, AFSCME Ohio Council 8 and AFSCME Locals 190, 223, 240, 250, 1543 and 3119, and the City of Cincinnati, hereinafter referred to as the “parties,” mutually agree to the following policies and procedures for the mediation of grievances pending arbitration. 1. Grievance mediation is available to the parties after Step 3 of the grievance process. 2. All grievances will be referred to mediation unless the parties mutually agree not to mediate a particular grievance. 3. The parties shall mutually agree to a mediator to serve in the capacity of grievance mediator. The mediator must be an experienced mediator and/or arbitrator with mediatory skills. The mediator may not serve as an arbitrator for the same issue for which he or she is a mediator. 4. The mediator will be asked to provide a schedule of available dates. Cases will be scheduled in a manner which assures that the mediator will be able to handle multiple cases on each date, unless otherwise mutually agreed. 5. The grievant shall have the right to be present at the mediation conference. The Department and the Union may each have no more than three (3) representatives as participants in the mediation effort. The Human Resources Department shall have at least one (1) representative as a participant in the mediation effort. Persons representing the parties must be vested with full authority to resolve the issues being considered. 6. The mediator may employ all the techniques commonly associated with mediation, including private caucuses with the parties. The taking of oaths and the examination of witnesses shall not be permitted, and no verbatim record of the proceeding shall be taken. The purpose of the mediation effort is to reach a mutually agreeable resolution of the dispute. There will be no procedural constraints regarding the review of facts and arguments. There shall be no formal evidence rules. Written materials presented to the mediator will be returned to the party presenting them at the conclusion of the mediation conference. 7. Mediation efforts will be informal in nature and shall not include written opinions or recommendations from the mediator unless mutually agreed to by the parties and the mediator. In the event that a grievance which has been so submittedmediated is appealed to arbitration, there shall be no reference in the arbitration proceeding to the fact that a mediation conference was or was not held. 8. At the mediation conference the mediator shall first seek to assist the parties in reaching a mutually satisfactory settlement of the grievance which is within the parameters of the collective bargaining agreement. If a settlement is reached, a settlement agreement will be entered into writing at the mediation conference. The mediator shall not have the authority to compel the resolution of a grievance. 9. If a grievance remains unresolved at the end of the mediation conference the mediator may, if requested by either party, render a verbal opinion as to how the grievance is likely to be decided if it is presented at arbitration. This opinion is nonbinding and inadmissible in any subsequent arbitration proceeding. 10. If a settlement is not reached, the superintendent Union may appeal the grievance to arbitration. All applicable time limits for appealing a grievance to arbitration contained in the collective bargaining agreement shall meet with commence on the day of the mediation conference. 11. The dates, times and places of mediation conferences will be determined by mutual agreement of the parties. Each party shall designate a representative responsible for scheduling mediation conferences. 12. The parties agree to schedule a minimum of one (1) day a month, if necessary, for mediation efforts during the time period of this Agreement. 13. The fees and expenses to be charged by the mediator shall be negotiated between him or her and the parties. Fees and expenses for grievance mediation shall be paid equally by the City and the Union. 14. The parties agree to schedule a day of orientation and training to be attended by those individuals who will be participating in the mediation proceedings on behalf of the parties. 15. The parties agree to mutually examine and review the grievance mediation process and procedures adopted herein twelve (12) months from the date of execution of the collective bargaining agreement. The purpose of said examination and review is to revise, alter, correct or otherwise improve the grievance mediation process and procedures if such is deemed necessary. STEP 5. If the grievance is not satisfactorily settled at Step 4, the Union on the grievance. The superintendentmay, within thirty (30) calendar days from the date of the grievance mediation conference, or from the date when the parties mutually agree to waive the mediation conference, submit the grievance to the Human Resources Director or Designee for arbitration. It is agreed to establish a panel of five (5) permanent arbitrators to hear all arbitration cases between the parties. Within 30 calendar days after the conclusion signing of the meetingAgreement, the City and Union will meet to select the arbitrators and to establish the method of selection from among the five arbitrators on the panel. The parties agree further to utilize the American Arbitration Association for the administration of all arbitrations including the notification to arbitrators on the panel. The City and Union will use the rules as established by the American Arbitration Association. In the event the parties cannot fill vacancies on the panel, either initially or during the term of the Agreement, the rules of the American Arbitration Association will prevail for the purpose of filling such vacancy. Once each year the parties will review the list of arbitrators. Either party may remove an arbitrator during this annual review. The replacement will be by mutual agreement or based on the rules mentioned above. The annual review will take place at the anniversary date of the Agreement. In the absence of a permanent panel, American Arbitration Association Rules will prevail for the selection and administration process. A. The fees and expenses of the arbitrator shall render be borne equally by the City and the union. Furthermore the aggrieved employee, his ▇▇▇▇▇▇▇, and the Local Union President, and any necessary witnesses shall not lose any regular straight-time pay for time off the job while attending an arbitration proceeding. B. In the event a written grievance goes to arbitration, the arbitrator shall have jurisdiction only over disputes arising out of grievances as to the interpretation and/or application of the provisions of this Agreement (including disciplinary actions to the extent permitted herein), and/or compliance with the provisions of this Agreement, and in reaching his decision thereon the arbitrator shall have no authority to add to or subtract from or modify in any way any of the provisions of this Agreement. The arbitrator shall issue a decision within thirty (30) calendar days after submission of the case to him (unless otherwise agreed to by the parties). C. All decisions of arbitrators consistent with copies to Paragraph B of this Article and all pre-arbitration grievance settlements reached by the Union and the grievant(sCity shall be final, conclusive and binding on the City, the Union and the employees. A grievance may be withdrawn by the Union at any time during the Grievance Procedure, and the withdrawal of any grievance shall not be prejudicial to the positions taken by the parties as they relate to that grievance or any other grievances. D. The time limits set forth in the Grievance Procedure may be extended by mutual agreement of the City and the Union. Any grievance not timely presented or timely processed by the Union shall be considered settled on the basis of the City's last answer. If the City fails to answer a grievance in a timely manner, the Union may move the grievance to the next step of the Grievance Procedure. E. A policy grievance which affects a number of employees may initially be presented by the Union at Step 2 of the Grievance Procedure. For purposes of this Article, a Union Grievance/Policy Grievance/Class Action shall be synonymous, and shall mean a grievance which affects more than one (1) union member. F. If a grievance on a pay step denial is granted, a gross pay adjustment will be made to the date the pay step should have gone into effect. G. A failure of probation is not subject to the Grievance Procedure. H. The Union may amend a grievance at Step 3. All amendments must be in writing setting forth the details of the amendment (i.e., the facts upon which it is based, the additional Article(s) violated, and the relief requested). I. In an effort to ensure that grievances are heard and answered in a timely fashion, the parties recommend that the managers of the individual departments and/or divisions or other appropriate work units, and the representatives of the appropriate local unions negotiate Memoranda of Understanding or Letters of Agreement that will include provisions for scheduling specific days and/or times to hear grievances. In conjunction with that effort it is understood that the City Manager will issue a directive to all departments with employees covered by this collective bargaining agreement that will include language instructing those departments and their management staff to abide by all time lines included in this Article, as referenced in Appendix H.

Appears in 1 contract

Sources: Labor Management Agreement

Grievances. 9.1 An appeal against discharge, suspension, demerit marks in excess of thirty (30) and restrictions may be initiated at Step 2 of the grievance procedure. Such appeal will be within twenty-eight (28) days from the date the employees are advised of the discipline assessed against them. On request, all evidence in the case will be made available to the General Chairperson. 9.2 A claim or complaint by a bargaining unit membergrievance concerning the interpretation, or group of bargaining unit members, or the Union, stating that there has been a violation, misinterpretation, or misapplication of any provision alleged violation of this Agreement, (including one involving a monetary claim which has been declined or any established practice which is two (2) altered by an immediate supervisor or more years’ durationdesignate), may or an appeal by employees who believe that they have been unjustly dealt with, shall be processed as in the following manner: Step 1 Within twenty-eight (28) days from the date of cause of grievance, or in cases of appealing discipline, within twenty-eight (28) calendar days from the date the employees are advised of the discipline assessed against them, the Local Chairperson may appeal the decision in writing to the appropriate Company Officer. The appeal shall include a written statement of grievance as hereinafter providedand where it concerns the interpretation or alleged violation of the Agreement, the statement shall identify the Article and paragraph of the Article involved. A decision will be rendered in writing within twenty-eight (28) days of receiving the appeal. Step 1. In the event that a unit member or the Union believes that a grievable incident has occurred, the member or the Union shall request a meeting with the supervisor involved within five 2 Within sixty (560) days of receiving the occurrence of such grievable incidentdecision under Step 1, the General Chairperson or designate, may appeal the grievant’s knowledge decision in writing to the Regional Vice-President of the occurrence. The supervisor Company, whose decision will schedule a meeting on the grievance be rendered in writing within five sixty (560) days of such request. receiving the appeal. 9.3 The supervisor or designee settlement of a grievance shall answer the complaint or grievance within two not under any circumstances involve retroactive pay beyond a period of ninety (290) days following prior to the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide date that such meeting within five (5) days grievance was submitted at Step 1 of the requestGrievance Procedure. 9.4 Any grievance not progressed by the Union within the prescribed time limits shall be considered settled on the basis of the last decision and shall not be subject to further appeal. Where a decision respecting a written claim for unpaid wages is not rendered by the Appropriate Company Officer within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Agreement. 9.5 The time limits specified in this Article 9 will be extended for twenty-eight (28) days at the request of either party, or complaint for such other period as may be formalized in writing as provided hereundermutually agreed upon. Step 2. A formalized grievance shall be submitted, in writing, within ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (5) days of the receipt of the grievance, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Union. Step 3. If the Union is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within five (5) days of receipt of the written grievance, the grievance shall be transmitted to the superintendent within five (5) days of the receipt of the Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union on the grievance. The superintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Union and the grievant(s).

Appears in 1 contract

Sources: Employment Agreement

Grievances. A claim The parties recognize the value of discussions between employees and their supervisors to the end that problems might be resolved without recourse to a formal grievance. When an employee, within the time limits prescribed in stage gives notice that wishes to take advantage of this clause, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits. Employees who feel themselves to be aggrieved by the interpretation or complaint by a bargaining unit member, or group alleged violation of bargaining unit members, or the Union, stating that there has been a violation, misinterpretation, or misapplication of any provision provisions of this Agreement, or any established practice which is two (2) or more years’ duration, may be processed as shall have the right to present a formal written grievance as hereinafter provided. Step 1. In the event that a unit member or the Union believes that a grievable incident has occurred, the member or the Union shall request a meeting in keeping with the supervisor involved within five (following procedure: Employees shall have the right to discuss with and settle through the Supervisor concerned any complaints they may have. Employees will have fifteen 5) days in which to submit a grievance the day on which they became aware of the occurrence action or circumstances giving rise to the grievance. Employees shall state the precise nature of such grievable incidentthe grievance, the of the Collective Agreement of which the interpretation is in dispute or which is alleged to have been violated, and the redress sought. The Director, Patron Services, or designate, shall be the grievant’s knowledge Employer's representative authorized to deal with Grievances at Stage The designated manager shall forward a written reply to the grievance by hand or by registered mail, with a copy to the ▇▇▇▇▇▇▇, the President of the occurrence. The supervisor will schedule a meeting on Local and the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days National Component of the request, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writing, Alliance within ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (50) days of the receipt of the grievance, render . The Director Patron Services or Delegate may request to the that a written decisionmeeting take place to discuss the grievance. A copy of this decision In such cases a shall be forwarded to the grievant(s) and the Union. Step 3. If the Union is not satisfied with the disposition scheduled within a period of the grievance at Step 2 or if no disposition has been made within five (5) days of receipt of the written grievance, the grievance shall be transmitted to the superintendent within five (5ten 0) days of the receipt of the Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union on the grievance. The superintendenttime limits for the reply will only the day that the meeting is held. Employees may, if they so desire, be assisted or represented by the Alliance. Failing a satisfactory settlement at Stage I, employees will have twelve (12) days in which to submit grievances to Stage the date on which the reply at Stage was delivered or postmarked by registered mail or was due, provided that the support of and representation by the Alliance has been obtained. The President and or designate, shall be the Employer's representative authorized to deal with grievances at Stage The President and or designate, shall schedule a hearing within the prescribed time limits, and the hearing shall be scheduled within a period of nine (9) days following receipt of the submission to Stage The time limits for the written reply at Stage will only commence the day that the hearing is held. The President and or designate shall forward a written reply, by hand or by registered mail, with a copy to the ▇▇▇▇▇▇▇, the President of the local and the National Component of the Alliance, within five nine (59) days after the conclusion of the meetinghearing at Stage Where the Corporation discharges an employee, shall render a written decision thereon with copies to the Union and the grievant(s).grievance procedure set forth in Clause applies except that:

Appears in 1 contract

Sources: Collective Agreement

Grievances. A claim or complaint by a bargaining unit member5.1 There shall be an ▇▇▇▇▇▇▇ effort on the part of both parties to this agreement, to settle promptly through the procedure set out herein, any complaints, grievances, or group disputes arising from the interpretation, application or administration of bargaining unit membersthis agreement. Probationary employees cannot grieve their layoff or termination. 5.2 All grievances to be dealt with under Step One below shall be in writing, on forms supplied by the Union and signed by the employee having such grievance. 5.3 Written grievances, to be valid, shall set out the nature of the grievance, the Article or Articles of the Agreement alleged to have been violated and the nature of the remedy sought and shall not be subject to change at later steps except by mutual agreement in writing with the Employer, or in the Unioncase of remedy, stating that there has been a violationan Arbitrator or Grievance Settlement Officer. 5.4 In determining the time which is allowed in the various steps of Articles 5 and 6, misinterpretationSaturday, Sunday and Statutory Holidays shall be excluded and any time limits may be extended by mutual agreement in writing. 5.5 If the employee or the union does not advance the grievance in accordance with Article 5 & 6 hereof within the time limits specified therein, or misapplication of any provision of as may be extended in writing as set out above, the grievance shall be deemed to have been abandoned and may not be re- opened. 5.6 Grievances properly arising under this AgreementAgreement shall be adjusted and settled as follows: Step 1 Within five (5) full working days after the circumstances giving rise to the grievance occurred or originated the aggrieved employee and/or a union representative, or any established practice which shall present the grievance in writing to the Territory Manager to handle grievances at this step. If a settlement satisfactory to the Union is not reached within two (2) or more years’ durationfull working days after presenting the grievance to the territory manager, the grievance may be processed presented as a grievance as hereinafter provided. indicated in Step 1. In Two to the event that a unit member or the Union believes that a grievable incident has occurred, the member or the Union shall request a meeting with the supervisor involved Services General Manager at any time within five (5) full working days of the occurrence of such grievable incident, or the grievant’s knowledge of the occurrence. The supervisor will schedule a meeting on the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunderthereafter. Step 2. 2 A formalized grievance meeting between the Services General Manager (or his/her designate) and the Grievor and the Business Representative of the Union shall be submitted, in writing, convened within ten (10) full working days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (5) days of the receipt of the grievance, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Union. Step 3. If the Union is not satisfied deal with the disposition of the grievance at Step 2 or if no disposition has been made within five (5) days of receipt of the written grievance, the grievance shall be transmitted to the superintendent within five (5) days of the receipt of the Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union on the grievance. The superintendent, Should no satisfactory settlement be reached within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Union and the grievant(s).five

Appears in 1 contract

Sources: Collective Agreement

Grievances. A grievance under this Agreement is a written dispute, claim or complaint arising under and during the term of this Agreement and filed by a an employee in the bargaining unit member, unit. Grievances are limited to matters of interpretation or group application of bargaining unit members, or the Union, stating that there has been a violation, misinterpretation, or misapplication of any provision express provisions of this Agreement. The parties, or any established practice which recognizing that an orderly grievance procedure is two (2) or more years’ durationnecessary, may agree that each step must be processed adhered to as a grievance as hereinafter provided. Step 1. In the event that a unit member set forth herein or the Union believes that a grievable incident has occurred, the member or the Union shall request a meeting with the supervisor involved grievance is forfeited. All grievances must be filed within five (5) working days after occurrence of the occurrence of such grievable incident, or the grievant’s knowledge of the occurrence. The supervisor will schedule a meeting on circumstances giving rise to the grievance within or five (5) days from when the grievant should reasonably have known of such requestthe occurrence, otherwise the right to file a grievance is forfeited and no grievance shall be deemed to exist. Any employee having a complaint shall first take up the matter with the employee's immediate supervisor. If no satisfactory answer or disposition is received within one (1) working day, the complaint shall be processed as follows: (a) Step 1. The supervisor or designee employee and/or his ▇▇▇▇▇▇▇ shall answer within three (3) working days after the complaint or discussion with the immediate supervisor, reduce the matter to written form stating all facts in detail and submit the same to the Undersheriff. The Undersheriff shall, within seven (7) working days, record his disposition on all copies of the grievance form, returning two (2) copies to the ▇▇▇▇▇▇▇. (b) Step 2. Failing to resolve the grievance in the first step, the ▇▇▇▇▇▇▇ shall, within two (2) working days following of receipt of the meeting. If Undersheriff's disposition, take up the grievant is unsatisfied matter with the answer Sheriff or the supervisor fails his designated representative. The Sheriff, or refuses to provide such meeting his designated representative, shall within five seven (57) working days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writing, within ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (5) days of the receipt of the grievance, render a written decision. A copy record his disposition on all copies of this decision shall be forwarded the grievance, and return two (2) copies to the grievant(s) and the Union. Step 3▇▇▇▇▇▇▇. If the Union matter is not satisfied with the disposition of the grievance at Step 2 satisfactorily settled or if no disposition has been made within five (5) days of receipt of the written grievanceadjusted in this step, the grievance ▇▇▇▇▇▇▇ shall be transmitted to then forward the superintendent within five (5) days of the receipt of the Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union on the grievance. The superintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies matter to the Union and who may then process the grievant(s)grievance to the next step.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. A claim Employees who feel themselves to be aggrieved by the interpretation or complaint by a bargaining unit member, or group alleged violation of bargaining unit members, or the Union, stating that there has been a violation, misinterpretation, or misapplication of any provision provisions of this Agreement, shall have the right to present a formal written grievance in keeping with the following procedure: Employees shall have the right to discuss with and settle through the Supervisor concerned any complaints they may have. Employees will have fifteen (15) days in which to submit a grievance from the day on which they first became aware of the action or any established practice circumstances giving rise to the grievance. Employees shall state the precise nature of the grievance, the of the Collective Agreement of which the interpretation are in dispute or which is two (2) alleged to have been violated, and the redress sought. The Supervisor, or more years’ durationdesignate, may shall be processed as the Employer's representative authorized to deal with grievances at Stage and shall forward a written reply to the grievance as hereinafter provided. Step 1. In by hand or by registered mail, with a copy to the event that a unit member or the Union believes that a grievable incident has occurred▇▇▇▇▇▇▇, the member or the Union shall request a meeting with the supervisor involved within five (5) days President of the occurrence of such grievable incident, or local and the grievant’s knowledge of the occurrence. The supervisor will schedule a meeting on the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writing, Alliance within ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (5) days of the receipt of the grievance, render . The supervisor or designate may request to the griever that a written decisionmeeting take place to discuss the grievance. A copy of this decision In such cases a meeting shall be forwarded to the grievant(s) and the Union. Step 3. If the Union is not satisfied with the disposition scheduled within a period of the grievance at Step 2 or if no disposition has been made within five (5) days of receipt of the written grievance, the grievance shall be transmitted to the superintendent within five (5) ten days of the receipt of the Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union on the grievance. The superintendenttime limits for the reply will commence only the day that the meeting is held. Employees may, within five if they so desire, be assisted or represented by the Alliance. Failing a satisfactory settlement at Stage employees will have twelve (512) days after in which to submit grievances to Stage from the conclusion date on which the reply at Stage was delivered or postmarked by registered mail or was due, provided that the support of and representation by the Alliance has been obtained. The Director General, or designate, shall be the Employer's representative authorized to deal with grievances at Stage The Director General, or designate, shall schedule a hearing within the prescribed time limits, and the hearing shall be scheduled within a period of nine (9) days following receipt of the meeting, submission to Stage The time limits for the written reply at stage will only commence from the day that the hearing is held. The Director General or designate shall render forward a written decision thereon reply, by hand or by registered mail with copies a copy to the Union ▇▇▇▇▇▇▇, the President of the Local and the grievant(s).National Component of the Alliance within nine (9) days of a hearing at Stage Where the Corporation discharges an employee, the grievance procedure set forth in Clause applies except that:

Appears in 1 contract

Sources: Collective Agreement

Grievances. A grievance under this Agreement is a written dispute, claim or complaint arising under and during the term of this Agreement and filed by a bargaining unit membereither an authorized representative of, or group an employee in, the Bargaining Unit. Grievances are limited to matters of bargaining unit members, interpretation or the Union, stating that there has been a violation, misinterpretation, or misapplication application of any provision express provisions of this Agreement. The parties recognizing that an orderly grievance procedure is necessary, or any established practice which is two (2) or more years’ duration, may agree that each step must be processed adhered to as a grievance as hereinafter provided. Step 1. In the event that a unit member set forth herein or the Union believes that a grievable incident has occurred, the member or the Union shall request a meeting with the supervisor involved within five (5) days of the occurrence of such grievable incident, or the grievant’s knowledge of the occurrencegrievance is forfeited. The supervisor will schedule a meeting on the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may All grievances must be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writing, within ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (5) days of the receipt of the grievance, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Union. Step 3. If the Union is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within five (5) days of receipt of the written grievance, the grievance shall be transmitted to the superintendent within five (5) days of the receipt of the Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union on the grievance. The superintendent, filed within five (5) days after the conclusion occurrence of the meetingcircumstance giving rise to the grievance or five (5) days from when the grievant should reasonably have known of the occurrence, otherwise, the right to file a grievance is forfeited and no grievance shall be deemed to exist. Step 4: Any employee having a complaint in connection with this employment shall present it to the Employer with the following understanding: Before initiating a grievance, the employee and/or Executive Board Member must first discuss the matter orally with their supervisor or his/her designee. If not resolved in Step 1, the grievance shall be reduced to writing on regular grievance form provided by the Local Association, signed by the employee and presented to the Director or his/her designee within three (3) working days of receipt of same by the President or his/her designee. The Director, or his/her designee, shall render answer said grievance within three (3) working days of receipt of same. Failing to resolve the issue in the second step, the Association shall within five (5) working days of the Director, or his/her designee's disposition, contact the County Administrator to arrange a written decision thereon with copies to meeting between the Union Association and the grievant(s)County to discuss said grievance. This meeting shall be scheduled at a mutually agreeable time, which time shall not exceed, however, five (5) working days from the time the Association contacts the County unless a longer time is mutually agreed upon. Failing to resolve the issue at the third step, either party may, within five (5) working days, request the services of a mediator from the community. If the parties in this Step are unable to resolve the grievance, the matter may be submitted to arbitration as hereinafter provided for in this Agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. A claim or complaint by grievance is defined as a claimed violation of the specific terms of this agreement. Any member of the bargaining unit memberwho feels aggrieved shall fill out four copies of the standard grievance form which shall be available from a department CSEA representative. Three copies of the written grievance shall be presented fo the employee’s department head with one being retained by the department throughout each step of the grievance procedure. One copy of said grievance shall be submitted to the duly elected unit representative of the CSEA or any designated representative of the Suffolk Local of the CSEA. One of the copies presented to the department head shall be returned to the employee, indicating date of receipt by the department. The grievant shall not suffer any loss of pay as a result of time spent attending grievance or arbitration meetings, or group hearings between the parties. Town of bargaining unit membersSmithtown Part-Time January 1, or the Union2015-December 31, stating that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement, or any established practice which is two (2) or more years’ duration2017 The grievant if he/she chooses, may be processed as represented by a CSEA representative at each step of the grievance as hereinafter provided. and arbitration procedure. The grievant shall submit the written grievance to the department head. The department head shall have five (5) working days in which to answer the grievance. If the grievant desires, he/she shall proceed to Step 1. In the event that a unit member or the Union believes that a grievable incident has occurred, the member or the Union shall request a meeting with the supervisor involved 2 within five (5) working days after the receipt of the occurrence of such grievable incident, or the grievant’s knowledge determination of the occurrencedepartment head; failure by the employee to proceed to Step 2 within said five (5) working days, shall be deemed acceptance of the answer, if any, and shall in any event bar further processing of the grievance. The supervisor will schedule a meeting on Failure of the grievance department head to answer within five (5) working days shall not be deemed acceptance or approval of such request. The supervisor or designee the grievance but shall answer allow the complaint or grievance within two (grievant to proceed immediately to Step 2) days following the meeting. If the grievant employee is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days determination of the request, the claim department head or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writing, within ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (5) days of the receipt of the grievance, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Union. Step 3. If the Union no determination is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within five (5) working days of the submission of the grievance, he or she may submit an appeal of that determination to the Personnel Office. Such an appeal must be made in writing within five (5) working days from the employee’s receipt of the department head’s determination. The Personnel Officer shall have five (5) working days in which to answer the appeal after it is received. If the grievant so desires he/she may proceed to Step 3 within five (5) working days of receipt of the written Personnel Officer’s determination. Failure of the employee to proceed to Step 3 within the said period shall be deemed acceptance of the answer, if any, and shall in any event bar further processing of the grievance. If the grievance is unresolved, the employee may submit the written grievance shall be transmitted to the superintendent Labor Management Committee. The Labor Management Committee shall have twenty (20) working days from the time the grievance is submitted to them in which to endeavor to resolve and/or answer the grievance in writing. If the grievance remains unresolved either party may within five (5) additional working days from the time of the receipt submission of the Step 2 answergrievance to them, submit the dispute to arbitration. Within seven (7) days after The cost of arbitration shall be borne equally by the CSEA and the Town of Smithtown. If the grievant fails to proceed to arbitration within said period, he/she shall be barred from proceeding on the grievance has been so submitted, the superintendent shall meet with the Union on the grievance. The superintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Union and the grievant(s)arbitration as provided in B below.

Appears in 1 contract

Sources: Memorandum of Agreement (Moa)

Grievances. A claim Section 1 Complaints or complaint by a bargaining unit membergrievances which may arise between the Company and the Union, or between the Company and any employee or group of bargaining unit membersemployees, or shall be handled in the Union, stating that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement, or any established practice which is two (2) or more years’ duration, may be processed as a grievance as hereinafter providedfollowing manner. Step 1: An employee having a complaint or grievance, shall have the right, initially, to present the complaint or grievance verbally and directly to his Facilitator or to have such complaint or grievance presented verbally to the Facilitator by his ▇▇▇▇▇▇▇. Although the Company agrees that it will deal only with the Step 1- A: Employees having a complaint or grievance may elect originally to file their complaint or grievance as a written grievance with their ▇▇▇▇▇▇▇, and omit Step 1 set forth above. All written grievances shall be made out on triplicate grievance forms provided by the Union and must include the employee’s index number, specific article(s) and section(s) of this agreement that have been violated, the details of the violation, remedy requested, and be signed by the aggrieved employee or employees. The 3rd copy shall remain in the grievance book. The ▇▇▇▇▇▇▇ will present the 2nd copy to his Grievance Representative and the original copy to the Facilitator, and with the Facilitator attempt to bring about a settlement of the grievance. At this discussion the ▇▇▇▇▇▇▇ may also request the presence of his Grievance Representative. Either the Facilitator, ▇▇▇▇▇▇▇ or the Grievance Representative may request and obtain the presence of the aggrieved employee at this step of the grievance procedure. A written answer to the grievance shall be furnished to the ▇▇▇▇▇▇▇ by the Facilitator within twenty-four (24) hours after the discussion of the grievance has been concluded. Step 2: In the event that no settlement can be reached that is mutually satisfactory to the employee, the ▇▇▇▇▇▇▇, the Facilitator and the Grievance Representative, then the Grievance Representative may take up the matter with the Plant Vice President or other designated Company Representative. The Company may have a unit member representative of the Personnel Department present at this step. At the request of the Grievance Representative, the ▇▇▇▇▇▇▇ and/or employee or employees, appropriate Facilitators, or other Company Representatives will be called in by the Plant Vice President or other designated Company Representative. Except in emergencies, the Grievance Representative and Plant Vice President or other designated Company Representative shall not meet more often than once a day at a mutually agreeable time. A written statement to the grievance as to whether it is settled and the terms, if any, or Step 3: In the event that the grievance is not satisfactorily settled in Step 2 above, the Bargaining Committee of the Union may then take up the grievance with the designated representative of the Company, indicating the grievances to be discussed. At the request of either the Union or the Company the parties shall meet not less than once a week in an attempt to settle grievances. Discharge grievances by employees or general policy grievances by the Company or Union believes shall be taken up commencing at this step of the grievance procedure. Although it is contemplated that a grievable incident has occurred, meetings between the member or Company and the Union shall request a meeting with be restricted to the supervisor involved within five (5) days of the occurrence of such grievable incidentmeetings designated above, or the grievant’s knowledge of the occurrence. The supervisor will schedule a meeting on the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint meetings at this step may be formalized called by either party on shorter notice in writing as provided hereunderthe event of emergency. Step 2. A formalized Section 2 Should there be no settlement of a grievance shall be submitted, in writing, within ten (10) days of the meeting or grievances between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (5) days Company after the outlined steps of the receipt of the grievanceContract grievance procedure have been exhausted, render a written decision. A copy of this decision shall be forwarded either party may submit such grievance or grievances to the grievant(s) and the Union. Step 3. If the Union is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made arbitration within five sixty (5) days of receipt of the written grievance, the grievance shall be transmitted to the superintendent within five (5) days of the receipt of the Step 2 answer. Within seven (760) days after the grievance has first been so submitteddiscussed in the third stage of the grievance procedure. Either party shall notify the other in writing as to which grievance or grievances are to be submitted to arbitration Should a bargaining unit employee successfully challenge a decision by the Local Union not to pursue a grievance to arbitration at the first Union meeting held after the expiration of the 60 day time limit, the superintendent Union may submit such grievance to arbitration within three (3) business days. Upon making a timely request for arbitration either party shall meet with request the Union on Federal Mediation and Conciliation Service to submit the grievancenames of seven (7) arbitrators. The superintendent, parties shall strike names alternately from the panel until one name is left. He shall be the arbitrator. The party requesting arbitration shall strike first and thereafter the parties shall alternate in striking first. All grievances between the two parties shall be deemed arbitrable. Priority shall be given to discharge cases and the decision of the arbitrator shall be due within five thirty (530) days after the conclusion completion of all matters pertaining to the hearing. With the exception of discharge and policy grievances there will be no court reporter nor will there be counsel for either party at the arbitration hearing and each party will be expected to present substantially those same arguments each made in support of their position at the third (3rd) step grievance meeting and there will be no post hearing briefs. If new evidence or arguments come up after 3rd stage, the party finding the new evidence or arguments must notify the other parties prior to arbitration. The arbitrator will provide the parties with a written award within twenty (20) days after the hearing. The decision of the meetingarbitrator shall be final and binding. The arbitrator shall have no authority to alter any part of the Contract of which this is a part. The actual cost of the arbitrator, FMCS fee, stenographer and arbitration facilities shall render be equally assumed by the parties. If a written decision thereon with copies backlog of arbitration cases occurs, the Company and Union will schedule a meeting and make a good faith attempt to the Union and the grievant(s)settle all outstanding grievances.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. (a) A claim grievance shall be defined as any difference arising from the interpretation, application, administration or complaint by a bargaining unit memberalleged violation of any of the provisions of this Agreement, including any question as to whether any matter is arbitrable. (b) The word “days” in Article 4 shall mean “working days” being Monday to Friday excluding weekends and Statutory Holidays. This interpretation will apply to the entire Article 4. 4.02 The Association and any employee or employees who have been unjustly disciplined, suspended, superseded, or group discharged, shall have their case investigated and shall be represented by the duly elected or appointed Grievance Committee of bargaining unit membersthe Association, which Grievance Committee shall act in all matters of grievance by the members of the Association. 4.03 The Grievance Committee shall present the grievance in writing to the Fire Chief or Deputy- Fire Chief, within fourteen (14) days of the Unionevent on which the grievance is based. The Fire Chief or Deputy-Fire Chief shall give his answer in writing, stating that there has been together with the reasons therefor, within six (6) days of receiving the written grievance. No grievance shall be accepted or recognized by the Fire Chief unless presented within the time above mentioned. 4.04 If the decision of the Fire Chief or Deputy-Fire Chief is not satisfactory, the Grievance Committee shall present the grievance in writing to the office of the City Manager with a violationcopy to the Human Resources Department within fifteen (15) days following the decision of the Fire Chief or Deputy-Fire Chief. The City Manager will meet with the Grievance Committee within fifteen (15) days following receipt of the grievance and will respond to the grievance within fifteen (15) days following such meeting. 4.05 If the decision of the City Manager is not satisfactory, misinterpretationthe Association may, within thirty (30) days of the receipt of such decision refer the matter in dispute to arbitration. If no such notice of arbitration is given within the thirty (30) day period, the grievance shall be automatically terminated. The Arbitrator shall not have jurisdiction to alter or misapplication change any of any provision the provisions of this Agreement, or substitute any established practice new provisions, in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement. 4.06 In any Grievance arising from the discharge, suspension or discipline of any employee, a sole Arbitrator may settle the grievance by varying the disciplinary action, reinstating the employee on such terms as he may think fit or any other adjustment which is two he may consider just and equitable. (2a) or more years’ duration, The employment of a Firefighter may be processed as a grievance as hereinafter providedterminated upon seven (7) days notice. The notice must be accompanied by written reasons for the termination. Step 1. (b) Notwithstanding anything contained herein, at the time of any discipline involving discharge or demotion, the Corporation shall give in writing to the Association the reasons for the discipline. (c) In the event of a grievance resulting from discharge it is mutually agreed that a unit member or such grievance will be heard by the Union believes that a grievable incident has occurred, the member or the Union shall request a meeting with the supervisor involved City Manager within five (5) days following receipt of the occurrence of such grievable incident, or the grievant’s knowledge of the occurrencegrievance. The supervisor will schedule a meeting on City Manager upon hearing the grievance will provide his decision within five (5) days of such requestdays. The supervisor or designee shall answer Further, should the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days decision of the request, City Manager not be satisfactory to the claim or complaint Association it is mutually agreed that the grievance will proceed directly to expedited arbitration. 4.08 A Firefighter who is subject to discipline and/or discharge shall have the right to have an Officer of the Association in attendance at the meeting where the discipline is issued. 4.09 Time limits as defined in this section may be formalized in writing as provided hereunderextended by mutual agreement between the parties. Step 2. A formalized grievance 4.10 All copies of written disciplinary notice/letters shall be submitted, in writing, within ten removed from an employee’s file twenty-four (1024) days months from the date of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (5) days of the receipt of the grievance, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Union. Step 3. If the Union is not satisfied with the disposition of the grievance at Step 2 or if no disposition issue provided there has been made within five (5) days no reoccurrence of receipt of that or similar incident in the written grievance, the grievance shall be transmitted to the superintendent within five (5) days of the receipt of the Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union on the grievance. The superintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Union and the grievant(s)intervening period.

Appears in 1 contract

Sources: Collective Agreement

Grievances. A claim or complaint by Step 1: Any employee having a bargaining unit membergrievance shall present it, or group in writing, to his supervisor within thirty (30) days of bargaining unit membersits occurrence. The supervisor shall state his disposition, or the Unionin writing, stating that there has been a violationand reasons, misinterpretation, or misapplication of any provision of this Agreement, or any established practice which is within two (2) or more years’ duration, may be processed as a weeks after the written grievance as hereinafter providedhas been presented to them. Step 2: If the grievance is not settled at Step 1. In the event that a unit member or the Union believes that a grievable incident has occurred, the member grievance may be appealed, in writing, within (1) one week to the Unit Director of the applicable Unit. If the Unit Director is the grievant’s direct supervisor, then the appeal shall be made to the Managing Attorney or their designated representative. Within two (2) weeks after the Union Step 2 written grievance appeal has been presented to them, a written decision granting or denying the grievance shall request a be provided to the Union. Step 3: If the grievance is not settled at Step 2, the grievance may be appealed, in writing within one (1) week from the Union’s receipt of the Step 2 decision, to the Attorney-in-Charge or his/her designated representative. A Step 3 meeting with the supervisor involved will be held and if not settled, NYLAG shall state its disposition, in writing, and reasons, therefore, within five (5) working days from the date of the occurrence Step 3 meeting. (a) If the grievance is not settled at Step 3 then the Union may appeal the matter to arbitration. The appeal shall consist of such grievable incidenta written notice of intent to appeal delivered to the Attorney-in-Charge no later than 45 days from the receipt of the Step 3 answer. The 45 day period to appeal may be extend by written agreement of the parties. . The following three arbitrations shall constitute a panel which shall be used to hear cases on a rotating basis. 1. ▇▇▇▇▇▇▇ ▇▇▇▇ 2. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ 3. ▇▇▇▇▇ ▇▇▇▇▇▇ (b) The arbitration will be conducted in accordance with the AAA Voluntary Labor Arbitration Rules. The decision of the arbitrator shall be final and binding upon both parties, but they shall have no power either to add to, subtract from, or the grievant’s knowledge modify any of the occurrenceterms, conditions, or limitations of this agreement or any agreements made supplementary hereto. Any retroactive relief awarded by an arbitrator may not exceed thirty (30) days prior to the date the grievance was filed. (c) All of the costs and expenses of the arbitrator shall be divided equally between NYLAG and the Union. (d) In the event a party misses a time limit in these steps, the grievance shall automatically advance to the next step, except if arbitration is not requested the required time of the Step 3 meeting, the grievance is deemed withdrawn with prejudice. (e) Termination (Suspension with Intent to Discharge) 1. An Employee NYLAG intends to terminate shall first be placed on a suspension with intent to discharge until the First Step is completed. That suspension can be paid or unpaid, at the Employer’s option. The supervisor will schedule a First Step meeting on the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writing, held within ten (10) days of notification to the meeting between the supervisor Employee and the affected bargaining unit member(s). A copy Union of the suspension with intent to discharge, provided the employee files a grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (5) days of the receipt of the grievance, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Union. Step 3. If the Union is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within five (5) business days of receipt of the written grievance, suspension notification. If the employee does not file a grievance shall be transmitted to the superintendent within with five (5) business days of the receipt of the suspension notification, then the First Step 2 answer. Within seven (7) days after of the grievance has been so submittedprocess will be deemed complete and the termination will become effective. (f) Exclusive Remedy (1.9.6-) No Employee will have the right to independently process any grievance or arbitration based upon this Agreement, the superintendent shall meet with the Union on the grievance. The superintendent, within five (5) days after the conclusion right of the meeting, shall render a written decision thereon with copies action being limited to the Union and Employer, and any agreement or adjustment between the grievant(s)Union and Employer with respect to such disputes will be final and binding upon the Employee.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. A claim or complaint by a bargaining unit member, or group of bargaining unit members, or the Union, stating that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement, or any established practice which is two (2) or more years’ duration, may be processed as a grievance as hereinafter provided. Step 1. A. In the event that a unit member complaint is not satisfactorily handled per Article III Section A per this agreement, the grievant or the Union believes that Clerical Council Executive Board shall present a grievable incident has occurred, written statement on an official grievance form (See Appendix C) of the member or alleged violation to the Union shall request immediate supervisor with a meeting with copy to the supervisor involved Human Resources Center. The grievance must be filed within five twenty (520) days of the occurrence of such grievable incident, giving rise to the grievance or the date when such event could reasonably have been ascertained or become known to the grievant’s knowledge of the occurrence. The supervisor will schedule a meeting on the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writingsupervising administrator shall, within ten (10) days of the meeting between receipt of the supervisor grievance, confer with the grievant and/or his/her representative to try to resolve the grievance. Within five (5) days after the completion of the conference, the supervising administrator shall give his/her written decision. B. As used herein, "days" means days on which the college business office is open, with the exception of Saturdays, Sundays and holidays. C. If no agreement is reached within five (5) days, it then may be presented to the appropriate Vice President. Statements written by the supervising administrator and grievant shall be forwarded to the appropriate Vice President. Within ten (10) days of the receipt of the appeal, the appropriate Vice President shall confer with the Clerical Council Executive Board and the affected bargaining unit member(s)grievant in an effort to resolve the grievance. A copy of The Vice President shall give the grievant an answer in writing in five (5) days. D. If the grievance shall be sent to is not resolved in C, the Union and the immediate supervisor. The immediate supervisor shallfull-time employee may, within five (5) days of the receipt of the Vice President's answer, submit to the President, or designee, of the college a signed statement of grievance. The statement of the grievance shall name the full-time employee involved, shall state the facts giving rise to the grievance, render a written decision. A copy shall identify all the provisions of this decision Agreement alleged to be in violation by appropriate reference, shall state the contention of the full-time employee and/or of the Clerical Council Executive Board with respect to these provisions, shall indicate the relief requested and shall be forwarded signed by the full-time employee involved. Within ten (10) days of the receipt of the appeal, the President or designee shall confer with the Clerical Council Executive Board and the grievant in an effort to resolve the grievance. The President or designee shall give an answer in writing within ten (10) days. If further investigation is needed by either party, additional time by mutual agreement may be allowed. Except for discharge or disciplinary grievances, appeals from D, are made only to binding arbitration. E. If a full-time employee is grieving disciplinary action or termination of employment and the grievance is not resolved in D, the grievant may appeal to the grievant(sBoard of Trustees of the College. The appeal must be within ten (10) and days after his/her receipt of the Union.answer from the President of the College. The Board of Trustees shall consider such appeal at a meeting to be convened within twenty (20) days of the filing of the appeal. Such meetings shall be closed to the public, but the Clerical Council Executive Board shall have the right to have a representative present. The Board of Trustees shall respond in the same manner as set forth in C. Step 3. F. If the Union Clerical Council Executive Board is not satisfied with the disposition of the grievance at Step 2 C, or if no disposition has been made where applicable, D, the Union may submit the grievance to arbitration by filing a demand for the same with the President or designee within five twenty (520) days of receipt the D answer. The arbitrator shall be selected pursuant to the procedures of the written grievanceAmerican Arbitration Association, which shall supervise the proceedings in accordance with its practices. 1. Except as provided by law, the parties shall not be permitted to assert in such arbitration proceedings and grounds or to reply on any evidence not previously disclosed to the other party. 2. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. 3. The arbitrator's decision shall be binding. 4. The fees and expenses of the arbitrator shall be shared equally by both parties. 5. If the grievant and/or the Clerical Council Executive Board shall fail to appeal a grievance to the next step on a timely basis, the grievance shall be transmitted deemed withdrawn. If the Board of Trustees shall fail to answer any grievance within the superintendent within five (5) days of the receipt of the Step 2 answer. Within seven (7) days after time stipulated, the grievance has been so submitted, the superintendent shall meet with the Union on the grievance. The superintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies may be appealed to the Union and the grievant(s)arbitration.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. A claim Any Complaint alleging Discrimination or complaint Harassment shall be pursuant to Board Rule 4001.2 and 4001.3 as they existed on July 10, 2023. Any amendments to Board Rule 4001.2 or 4001.3 which occur after July 10, 2023 will be submitted to the Union for approval prior to implementation for employees covered by a bargaining unit memberthis Agreement. Any other grievance, complaint, disagreement or group difference of bargaining unit membersopinion between the District, the Union or the Union, stating that there has been a violation, misinterpretation, or misapplication employees covered by the Agreement concerning application of any provision the terms of this Agreement, or any established practice which is two (2) or more years’ duration, may Agreement will be processed as a using the following grievance as hereinafter provided.procedure: Step 1. In the event that a unit member (A) Any aggrieved Employee or the Union believes that may present a grievable incident has occurredGrievance. All Grievances must be in writing. Any Grievance which is not presented within fifteen (15) days following the event giving rise to such a Grievance shall be forfeited and waived by the aggrieved party. The grievance form shall state the name of every employee authorizing the filing of the grievance, and all grievances shall be signed by at least one aggrieved employee who is directly affected by the member or alleged grievance. An aggrieved employee shall have the right to a Union Representative appointed by the Union throughout the grievance process. (B) The grievant shall request a meeting first take up the Grievance by presenting it in writing to their immediate supervisor or designee. If the Grievance is not satisfactorily adjusted with the supervisor involved within five (5) days of from the occurrence of such grievable incidentmeeting with the supervisor, the Employee or the grievant’s knowledge of the occurrence. The supervisor will schedule a meeting on Union representative shall present the grievance in writing to the Chief Financial Officer or his or her designated representative. (C) The Chief Financial Officer or his or her designated representative shall within five twenty (520) days of such requestfrom the day it was received, make a determination and submit the determination to the aggrieved party in writing. The supervisor or designee shall answer the complaint or Prior to making a grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the requestdetermination, the claim Chief Financial Officer (or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submittedhis/her designee) may, in writing, within ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (5) days of the receipt of the grievance, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Union. Step 3. If the Union is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within five (5) days of receipt of the written grievanceGrievance, request a meeting with the Union President (or his/her designee) and/or the grievant. Also, the grievance shall be transmitted to Union President (or his/her designee) and/or the superintendent grievant may, within five (5) days of the receipt date of the Step 2 answerGrievance, request a meeting with Chief Financial Officer (or his/her designee). Within seven In the event of a meeting with the Chief Financial Officer (7or his/her designee) days after and the Union President (or his/her designee), both parties must have full authority to settle the Grievance at said meeting. In the event of a requested meeting, the Chief Financial Officer’s (or his/her designee’s) timelines shall be suspended until such meeting can be held. (D) Each party reserves the right to litigate a question presented by the Grievance by bringing an original action in any court of competent jurisdiction in the event such party shall not be satisfied with the resolution of the Grievance. However, no such litigation may be maintained until all available steps under this grievance procedure have been pursued and exhausted and before the Union’s attorney has met with the District’s attorney to discuss the issue that may be subject to litigation. It is understood and agree to between the parties that the role of the Chief Financial Officer or his or her designee in the grievance has been so submittedprocedure is not an exercise of a judicial or quasi-judicial function, but solely as a means to allow the superintendent parties to resolve disputes informally. (E) Definitions: Days shall meet with the Union on the grievance. The superintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Union and the grievant(s)mean calendar days.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. A claim 57. The Company agrees to meet and treat with the duly accredited officers and committees that are elected or complaint selected by a bargaining unit member, or group of bargaining unit members, or the Union, stating Union upon all questions and grievances that there has been a violation, misinterpretation, or misapplication of any provision may arise between the parties hereto during the life of this Agreement. Every effort will be made by the parties hereto to settle grievances promptly and in the simplest and most direct manner. Unless mutually agreed otherwise, grievances shall be handled in the following manner: (1) Between the aggrieved employee or representative of the Union acting in his behalf, or both, and the employee's immediate supervisor. First step grievances shall not be officially recorded or documented. Settlements reached at this step shall not create any established practice which is two precedent in the resolution of other grievances. (2) If settlement is not reached by (1) above, a formal grievance shall not be considered to exist unless committed to writing, stating the facts upon which the grievance is based, the remedy or more years’ durationcorrection requested, may the section of the Agreement or condition of employment claimed to have been violated, signed by aggrieved employee and received by local management, within thirty (30) days from the date the cause of the grievance occurs. The grievance shall then be processed as a grievance as hereinafter provided. Step 1. In taken up between the event that a unit member aggrieved employee or representative of the Union believes that acting in the employee's behalf, or both, and local management. Settlements reached at this step shall not establish a grievable incident has occurred, the member or the Union shall request a meeting with the supervisor involved within five precedent. A maximum of seven (57) days will be allowed from the receipt of written notice of the occurrence existence of such grievable incidenta grievance, or as provided in this step, to the grievant’s knowledge conclusion of the occurrence. The supervisor will schedule a meeting on this step and the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses will be deemed to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writing, terminated unless within ten (10) days after conclusion of this step the meeting between the supervisor and the affected bargaining unit member(s). A copy of Union gives notice to Labor Relations requesting a 3rd step grievance hearing. (3) If settlement is not reached by (2) above, the grievance shall be sent to taken up between representatives of the Union acting in behalf of the aggrieved employee, and the immediate supervisorPresident of the Company or the President's representative. The immediate supervisor shall, An International Representative of the IBEW may be present at this step of the grievance procedure to assist the Local Union. This step in the grievance procedure shall be considered denied by the Company unless a hearing is conducted within five (545) days of the receipt of the grievance, render request for a written decision3rd step hearing. A copy The grievance will be deemed to be terminated unless within thirty (30) days after conclusion of this decision step the Union shall be forwarded give notice to the grievant(s) and Company of its intention to carry the Union. Step 3grievance to an Arbitration Board as provided in Article IX. If the Union is does not satisfied with begin processing a grievance to arbitration within forty-five (45) days after notifying the disposition Company of its intention to carry the grievance at Step 2 or if no disposition has been made within five (5) days of receipt of the written grievanceto an Arbitration Board, the grievance shall will be transmitted deemed to the superintendent within five (5) days of the receipt of the Step 2 answer. Within seven (7) days after the grievance has have been so submitted, the superintendent shall meet with the Union on the grievance. The superintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Union and the grievant(s)terminated.

Appears in 1 contract

Sources: Memorandum of Agreement

Grievances. Section 1 A claim or complaint by a bargaining unit member, or group of bargaining unit members, or the Union, stating that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement, or any established practice which is two (2) or more years’ duration, may be processed as a grievance as hereinafter provided. Step 1. In the event that a unit member or the Union believes that a grievable incident has occurred, the member or the Union shall request a meeting with the supervisor involved within five (5) days of the occurrence of such grievable incident, or the grievant’s knowledge of the occurrence. The supervisor will schedule a meeting on the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writing, within ten (10) days any matter involving interpretation or application of the meeting between the supervisor this contract and the affected bargaining unit member(s). A copy of the grievance shall be sent subject to the following procedure: Step 1 A grievance must be first raised orally by the employee, with or without Union and representation, to the employee’s immediate supervisor. The immediate supervisor shall, or next level supervisor, within five (5) days regular workdays of the receipt of event giving rise to the grievance, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Union. Step 3. If the employee is unable to contact their supervisor directly, the Union is not satisfied with may raise the disposition issue orally on behalf of the grievance at Step 2 or if no disposition has been made employee within five (5) work days of the event giving rise to the grievance. The supervisor shall have five (5) regular workdays to investigate the matter and must provide a verbal response. The purpose of such notification is to communicate the problem and to create the opportunity for dialog to correct the problem giving rise to the grievance. Step 2 Within ten (10) regular work days of notice that the grievance was unresolved at Step 1, the grievance shall be reduced to writing, signed by the employee and/or the Union representative, and submitted to the employee’s appropriate department director. Within ten (10) regular workdays after timely receipt of the written grievance, the appropriate department director shall give a written answer to the employee and the Union. Step 3 Within five (5) regular workdays of notice that the grievance was unresolved at Step 2, the Union shall notify the University’s Chief Human Resources Officer or designee. The Union and the University’s Chief Human Resources Officer or designee shall meet at a time mutually convenient, for the purpose of resolving the dispute. This meeting shall be transmitted scheduled within ten (10) regular workdays following delivery of the department director’s written answer in Step 2. The University shall give a written decision to the superintendent Union within five (5) workdays after the date of the meeting at Step 3. Step 4 If no satisfactory settlement is made in Step 3, and if the grievance concerns an alleged University violation of an express provision of the Agreement, then the Union has thirty (30) calendar days of after the receipt of the Step 3 decision to submit the matter in writing (copy to the University) to a mutually agreed upon arbitrator, or if none, to the American Arbitration Association (AAA) in accordance with its voluntary arbitration rules. If this does not result in the appointment of an arbitrator, the parties will request a second and, if necessary, a third list from the AAA and will follow the same process. However, if the second list does not result in the appointment of an arbitrator, the parties will rank every arbitrator on the third list. The decision of the arbitrator shall be final and binding on each party. Such arbitration shall be held, if possible, during normal work hours. Section 2 answerThere shall be no consolidation of grievances for the purpose of arbitration (except by mutual agreement between the University and the Union). Within seven Each unresolved grievance shall be separately submitted to the mutually agreeable arbitrator or to the American Arbitration Association (7AAA) and a separate arbitrator will be selected for each unresolved grievance. Section 3 The arbitrator shall have no power to add to, subtract or change any of the provisions of this Agreement nor shall the arbitrator have the power to imply any obligation not expressly set forth in this Agreement. If the incident which led to the arbitration involves a student or campus visitor, the University shall make a good faith effort to procure the person’s appearance at the arbitration hearing. If, despite those efforts, the person does not appear at the arbitration hearing, the arbitrator shall consider the totality of the University’s efforts to procure the person’s attendance, and weigh the evidence and its quality in making his/her decision and award. No award shall be effective retroactively beyond a date five days after prior to the date the grievance has been so submitted, the superintendent shall meet was first raised orally with the supervisor (see Step 1). Section 4 The fees and expenses of the Arbitrator shall be the responsibility of the party that does not prevail in the arbitration. Section 5 Any settlement between the University and the Union at any stage of the grievance procedure shall be binding on the grievance. The superintendentUniversity, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Union and the grievant(s)aggrieved employee or employees.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. A. The grievance procedure is a follows: 1. A claim or complaint by a bargaining unit member, or group of bargaining unit members, teacher or the Union, stating Local Unit that there has been a violation, misinterpretation, or misapplication of any provision of this AgreementAgreement or any rule, order, or any established practice regulation of the Board which is two (2) or more years’ duration, conflicts with this Agreement may be processed as a grievance as hereinafter provided. Step 12. It is expressly understood that the grievance procedure shall not apply to: (a) Those areas in which the Tenure Act prescribes a procedure or authorizes a remedy, discharge, and/or demotion. (b) Discipline and non-renewal of probationary teachers. (c) Evaluations 3. In the event that a unit member or teacher believes there is a basis for a grievance, he/she shall first discuss the Union believes that a grievable incident has occurred, the member or the Union shall request a meeting alleged grievance with the supervisor involved Principal (level one). The teacher may be accompanied by a Local Unit representative. 4. The grievance must be filed within five fifteen (515) work days of the occurrence of such grievable incidentalleged violation, misinterpretation, or the grievant’s knowledge misapplication of the occurrencecontract. 5. The supervisor will schedule If, as a meeting result of the level one informal discussion, the teacher determines a grievance still exists he/she may invoke the formal grievance procedure through the Local Unit Grievance Committee on the grievance within five (5) days of such requestform. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant This form is unsatisfied to be filed with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writing, building principal within ten (10) work days of the meeting between conference. 6. Grievances involving more than one principal’s area of responsibility may be filed with the supervisor and the affected bargaining unit member(s)Superintendent or his/her designee. 7. A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within Within five (5) work days of the receipt of the grievance, render the principal shall meet with the Local Unit Grievance Committee and the grievant in an effort to resolve the grievance. 8. Within five (5) work days after the above meeting (Section 7) the principal shall indicate his/her disposition of the grievance in writing and shall furnish a written decision. A copy of this decision shall be forwarded to the grievant(s) grievant, the Superintendent, and the UnionLocal Unit. Step 39. If the Union grievant is not satisfied with the disposition of the grievance at Step 2 grievance, or if no disposition has been made within five (5) work days after the meeting (Section 7), or ten (10) work days from the date of receipt of the written grievancefiling, whichever is later, the grievance shall be transmitted to the superintendent Superintendent with the endorsement thereon of the approval or disapproval of the Local Unit. 10. Within five (5) work days the Superintendent or his/her designee shall meet with the grievant and the Local Grievance Committee. 11. Within five (5) work days after this meeting (Section 10) the Superintendent shall indicate his/her disposition of the grievance in writing and shall file a copy with the grievant, the Local Unit, and place a copy on file in his/her office. 12. If the disposition is unsatisfactory to the grievant and/or the Local Unit Grievance Committee, the grievance may be forwarded within five (5) work days to the Grievance Committee composed of not more than three members of the receipt of the Step 2 answerBoard. Within seven twenty (720) work days after the grievance has been so submitteddate of filing, this committee shall conduct a hearing with the grievant, the superintendent Local Unit Grievance Committee, the building principal and the Superintendent. If the grievance involves a financial settlement, it will be considered by the full Board before final disposition. 13. Within fourteen (14) work days after said hearing the Board Committee shall meet with the Union on indicate in writing its disposition of the grievance. The superintendentA copy shall be forwarded to the grievant, the Local Unit Grievance Committee, and the Superintendent for permanent filing. 14. If the Association Grievance Committee is not satisfied with the disposition, within five (5) days after work days, it, not the conclusion grievant, may refer the grievance to the American Arbitration Association, in writing, and request an arbitrator to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the AAA in accordance with its rules, except each party shall have the right to peremptorily strike not more than three from the list of arbitrators. B. The decision of the meetingarbitrator shall be final and conclusive and binding upon employees, shall render a written decision thereon with copies the Board, and the Association; subject to the Union right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect. C. No arbitrator or any neutral appointee shall have any power to alter, add to, or subtract from the terms of this Agreement. D. After a case on which the arbitrator is empowered to rule hereunder has been referred to him/her, it may not be withdrawn by either party except by mutual consent. E. More than one grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent. F. The cost of arbitration shall be borne equally by the parties except each party shall assume its own cost for legal representation. (See Article 5-Teaching Hours and Class Load, paragraph F.) G. Should the grievant, local Unit and/or Association fail to institute or appeal a grievance within the time limits specified, the grievance will not be processed. Should the Board fail to answer the grievance within the time limits specified, the Association may move the grievance to the next step in the grievance procedure. H. All preparation, filing, presentation, or consideration of grievances shall be held at times other than when a teacher or a participating Local Unit representative are to be at their assigned duty stations. I. Where no wage loss has been caused by the action of the Board complained of, the Board shall be under no obligation to make monetary adjustments and the grievant(s)arbitrator shall have no power to order one. J. Arbitration awards of grievance settlements will not be made retroactive beyond the date of the occurrence or nonoccurrence of the event upon which the grievance is based. In no event, however shall the settlement be earlier than fifteen (15) work days prior to the date on which the grievance was filed. K. The time limits provided in this Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15th of any year and strict adherence to the time limits may result in hardship of any party, the Board shall use its best efforts to process such grievance prior to the end of the school term as soon thereafter as possible. L. Notwithstanding the expiration of this Agreement, any claim or grievance arising thereunder may be processed through the grievance procedure until resolution.

Appears in 1 contract

Sources: Professional Agreement

Grievances. A claim or complaint by a bargaining unit member(a) Any complaint, disagreement, or group difference of bargaining unit membersopinion between the Company and the Union or the employees covered by the Agreement which concerns the interpretations, application, operation, or alleged violation of the Union, stating that there has been a violation, misinterpretation, or misapplication of any provision terms and provisions of this Agreement, shall be considered as a grievance. (b) An employee who has a complaint or any established practice a grievance will ordinarily discuss the matter with his immediate Superior and if the matter is not resolved in that discussion, he/she may refer the question to his/her ▇▇▇▇▇▇▇ for consideration. However, should the nature of the complaint or grievance be such that the employee prefers to refer it to his/her ▇▇▇▇▇▇▇ and/or Union Representative first, and then he/she may do so. (c) Any employee, the Union, or the Company may present a grievance. Any grievance which is two not presented within fourteen (214) or more years’ duration, may be processed as a grievance as hereinafter provided. Step 1. In days following the event that a unit member or giving rise to such grievance (except by errors in respect to the Union believes that a grievable incident has occurred, the member or the Union shall request a meeting with the supervisor involved employee’s compensation which must be presented in writing within five fourteen (514) days of the occurrence employee becoming aware of the event giving rise to such grievable incidentgrievance), or the grievant’s knowledge of the occurrence. The supervisor will schedule a meeting on the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writing, within ten (10) days of the meeting last day worked in the case of a dismissal, shall be forfeited and waived by the aggrieved party. (d) All grievances, except those submitted by the employee to his/her immediate Superior or to the Union, shall be submitted in writing and shall set forth, clearly, the issues and contentions of the aggrieved party; the Company shall then reply, in writing, to the Union’s letter setting forth its answer to the points raised by the Union in its grievance. (e) The procedure for adjustment of grievances and disputes by an employee shall be as follows: 1st Step: By a discussion between the supervisor employee and the affected bargaining unit member(s)Union ▇▇▇▇▇▇▇ and employee’s immediate Superior and/or Manager. A copy of the grievance shall If a satisfactory settlement cannot be sent to the Union and the immediate supervisor. The immediate supervisor shall, reached within five (5) days of days, then within ten (10) days: 2nd Step: The Union Representative(s) may take up the receipt of matter with the grievance, render a written decision. A copy of this decision shall be forwarded Company’s official designated by the Company to the grievant(s) and the Union. Step 3handle labour relations matters. If the Union is a satisfactory settlement cannot satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within five (5) days of receipt of the written grievance, the grievance shall be transmitted to the superintendent within five (5) days of the receipt of the Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union on the grievance. The superintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Union and the grievant(s).reached within

Appears in 1 contract

Sources: Collective Agreement

Grievances. A. The grievance procedure is a follows: 1. A claim or complaint by a bargaining unit member, or group of bargaining unit members, employee or the Union, stating Local Unit that there has been a violation, misinterpretation, or misapplication of any provision of this AgreementAgreement or any rule, order, or any established practice regulation of the Board which is two (2) or more years’ duration, conflicts with this Agreement may be processed as a grievance as hereinafter provided. Step 12. It is expressly understood that the grievance procedure shall not apply to: (a) Those areas in which the Tenure Act prescribes a procedure or authorizes a remedy, discharge, and/or demotion. (b) Discipline and non-renewal of probationary teachers. (c) Evaluations 3. In the event that an employee believes there is a unit member or basis for a grievance, he/she shall first discuss the Union believes that a grievable incident has occurred, the member or the Union shall request a meeting alleged grievance with the supervisor involved Principal (level one). The employee may be accompanied by a Local Unit representative. 4. The grievance must be filed within five fifteen (515) work days of the occurrence of such grievable incidentalleged violation, misinterpretation, or the grievant’s knowledge misapplication of the occurrencecontract. 5. The supervisor will schedule If, as a meeting result of the level one informal discussion, the employee determines a grievance still exists he/she may invoke the formal grievance procedure through the Local Unit Grievance Committee on the grievance within five (5) days of such requestform. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant This form is unsatisfied to be filed with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writing, building principal within ten (10) work days of the meeting between conference. 6. Grievances involving more than one principal’s area of responsibility may be filed with the supervisor and the affected bargaining unit member(s)Superintendent or his/her designee. 7. A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within Within five (5) work days of the receipt of the grievance, render the principal shall meet with the Local Unit Grievance Committee and the grievant in an effort to resolve the grievance. 8. Within five (5) work days after the above meeting (Section 7) the principal shall indicate his/her disposition of the grievance in writing and shall furnish a written decision. A copy of this decision shall be forwarded to the grievant(s) grievant, the Superintendent, and the UnionLocal Unit. Step 39. If the Union grievant is not satisfied with the disposition of the grievance at Step 2 grievance, or if no disposition has been made within five (5) work days after the meeting (Section 7), or ten (10) work days from the date of receipt of the written grievancefiling, whichever is later, the grievance shall be transmitted to the superintendent Superintendent with the endorsement thereon of the approval or disapproval of the Local Unit. 10. Within five (5) work days the Superintendent or his/her designee shall meet with the grievant and the Local Grievance Committee. 11. Within five (5) work days after this meeting (Section 10) the Superintendent shall indicate his/her disposition of the grievance in writing and shall file a copy with the grievant, the Local Unit, and place a copy on file in his/her office. 12. If the disposition is unsatisfactory to the grievant and/or the Local Unit Grievance Committee, the grievance may be forwarded within five (5) work days to the Grievance Committee composed of not more than three members of the receipt of the Step 2 answerBoard. Within seven twenty (720) work days after the grievance has been so submitteddate of filing, this committee shall conduct a hearing with the grievant, the superintendent Local Unit Grievance Committee, the building principal and the Superintendent. If the grievance involves a financial settlement, it will be considered by the full Board before final disposition. 13. Within fourteen (14) work days after said hearing the Board Committee shall meet with the Union on indicate in writing its disposition of the grievance. The superintendentA copy shall be forwarded to the grievant, the Local Unit Grievance Committee, and the Superintendent for permanent filing. 14. If the Association Grievance Committee is not satisfied with the disposition, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Union and the grievant(s).five

Appears in 1 contract

Sources: Professional Agreement

Grievances. A claim or complaint by a bargaining unit member, or group of bargaining unit members, or A. For the Union, stating that there has been a violation, misinterpretation, or misapplication of any provision purpose of this Agreement, the term “grievance” means any difference or dispute between the Borough and the Union, or between the Borough and any established practice which employee within the unit with respect to the interpretations, application or violation of any of the provisions of this Agreement, other than the provisions of Article 5. Any difference or dispute as to whether a matter is two (2) grievable or more years’ duration, may arbitrable shall not be processed subject to the grievance procedure set forth herein. B. The procedure for settlement of grievances shall be as a grievance as hereinafter provided.follows: Step 1. In the event that a unit member or the Union believes that a grievable incident has occurred, the member or the Union shall request a meeting with the supervisor involved within five (5) days of the occurrence of such grievable incident, or the grievant’s knowledge of the occurrence. The supervisor will schedule a meeting on the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writing, within Within ten (10) days of the meeting between occurrence of the supervisor grievance, as said term is defined herein above, the aggrieved employee shall discuss his problem with his Union ▇▇▇▇▇▇▇ and the affected bargaining unit member(sSuperintendent of Public Works (hereinafter referred to as “Superintendent”), who shall attempt to settle the problem within forty-eight (48) hours from the time it was first presented. Step 2. A If the grievance is not resolved in Step 1, it shall be reduced to writing by the aggrieved employee, in a form approved by both the Borough and Union. The aggrieved employee or the Union shall deliver a copy of the written grievance shall be sent form to the Union and the immediate supervisor. The immediate supervisor shallBorough Administrator, within five three (53) days of the meeting set forth in Step 1. The Administrator, may, but shall not be required to, meet with the aggrieved employee and the Union to discuss the grievance and, unless extended by the mutual consent of both the Administrator and the Union, the Administrator shall advise the aggrieved employee or the Union of his decision on the grievance in writing within ten (10) working days following receipt of the written grievance, . The failure to render a written decision. A copy of this decision shall be forwarded to within the grievant(s) and the Union.aforesaid time period, or mutually agreed upon Step 3. If the Union grievance is not satisfied with resolved in Step 2, the disposition of aggrieved employee or the grievance at Step 2 or if no disposition has been made within five (5) days of receipt Union shall deliver a copy of the written grievance, the grievance shall be transmitted to the superintendent Borough Clerk, within five ten (510) working days of after either the receipt of the Administrator’s decision or the expiration of the time period provided in Step 2 answerwithout the Administrator rendering a decision thereon . Within The Clerk shall immediately forward one (1) copy to the Mayor and Council. The Mayor and Council shall meet with a Union Official and attempt to resolve the problem within twenty-one (21) days from the date the written grievance was received by the Borough Clerk. The foregoing twenty-one (21) day period may be extended by mutual agreement between the Union Official and the Mayor and Council, or good cause shown by either of them. Resolution of grievances shall be reduced to writing as well as the failure of the parties to resolve such grievance. Step 4. In the event a satisfactory solution is not arrived at in Step 4, either party shall have the right to submit the grievance to a final binding arbitration providing a notice in writing to that effect is served by either party on the other within seven (7) days after from receipt of the Borough’s writing decision pursuant to Step 3. The cost of the Arbitrator shall be borne by the parties hereto. C. Any employee shall have the right to process his own grievance provided that a representative of the Union is present and provided that any agreement reached with such employee is not violative of the Agreement. D. If the grievance has been so submittedis not appealed to the next step within the specified time limit or any agreed to extension thereof, the superintendent it shall meet with the Union be considered settled on the grievance. The superintendent, within five (5) days after the conclusion basis of the meetingBorough's last answer. E. In the event that an employee shall process his own grievance as provided for in Article 4, Paragraph C, then and in that event, during the time in which the employee is processing his own grievance, he shall render a written decision thereon with copies not be entitled to receive compensation. F. In the interest of mutual benefit to the Union and the grievant(s)Borough, every effort shall be made to resolve any grievance during Step 1 of this procedure.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. A claim 8.01 For purposes of this Agreement, a grievance is a violation or complaint by a bargaining unit member, or group of bargaining unit members, or the Union, stating that there has been a violation, misinterpretation, or misapplication of any provision alleged violation of this Agreement, or a matter relating to or involving the interpretation, application or administration of this Agreement. 8.02 The Company, Union and Employees agree that complaints and grievances should be addressed as quickly as possible. 8.03 The Company and Union encourage Employees to bring any established practice which complaints to the attention of the Camp Manager for consideration before a grievance is two (2) or more years’ durationfiled. When discussing a complaint with the Camp Manager, an Employee has the right to be accompanied by his Shop ▇▇▇▇▇▇▇. If, after bringing the matter to the attention of the Camp Manager, the Employee is still not satisfied, a written grievance may be filed. 8.04 All grievances to be processed as hereunder shall be filed in writing, signed by the Employee, and shall set forth the essential facts of the grievance, with reference to the Employee's particular claim, the Article(s) of this Agreement under which the grievance is filed, and the redress claimed. Such written grievance shall then form the basis of the grievance through all the steps of the grievance procedure and arbitration process. 8.05 An Employee who has a grievance as hereinafter provideddefined above shall continue to perform his assigned duties. 8.06 Grievances meeting the above requirements shall be processed within the time limits and in the manner stated below: Step 1. In : A written grievance shall be prepared and presented to the event that a unit member or the Union believes that a grievable incident has occurred, the member or the Union shall request a meeting with the supervisor involved Camp Manager within five fourteen (514) days of the occurrence of such grievable incident, or the grievant’s knowledge of the occurrence. The supervisor will schedule a meeting on the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writing, within ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent event giving rise to the Union and the immediate supervisorgrievance. The immediate supervisor shall, within five Within seven (5) days of the receipt of the grievance, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Union. Step 3. If the Union is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within five (57) days of receipt of the written grievance, the grievance Camp Manager shall be transmitted provide a written response to the superintendent within five (5Employee who signed the grievance and a copy to the staff representative(s) days assigned to represent the Employees. Step 2: If settlement is not reached at Step 1, a Shop ▇▇▇▇▇▇▇ or staff representative of the receipt of Union may submit the Step 2 answer. Within grievance to the Company's Operation's Manager within seven (7) days after of receipt of the grievance has been so submitted, the superintendent Camp Manager's written response. The Company's Operation's Manager shall meet with or otherwise discuss the Union on grievance with the Shop ▇▇▇▇▇▇▇ or staff representative within seven (7) days of his receipt of the grievance. The superintendent, Company's Operation's Manager shall provide a written response within five ten (510) days after the conclusion of his receipt of the meetinggrievance. Step 3: If settlement is not reached at Step 2, a staff representative of the Union may submit the grievance to the Company's Operations Manager within seven (7) days of receipt of the area manager's written response. The Company's Operation's Manager shall render meet with or otherwise discuss the grievance with the staff representative within ten (10) days of his receipt of the grievance. The Company's Operations Manager shall provide a written decision thereon with copies response within fifteen (15) days of his receipt of the grievance. 8.07 When two or more Employees wish to file a grievance arising from the same alleged violation of this Agreement, such grievance must be handled as a Group Grievance and presented to the Company's Operation's Manager at Step 2 of the grievance procedure but in no event not more than fourteen (14) days from the occurrence of the event giving rise to the grievance. 8.08 The Union shall have the right to initiate a policy grievance or grievance of a general nature. The Company may also file a grievance for an alleged violation of this Agreement. Such grievances shall be initiated at Step 3 of the grievance procedure. 8.09 If settlement is not reached at Step 3, a grievance may be referred to Arbitration as set forth in Article 9. The Union shall notify the Company of its intent to seek arbitration by written notice served by registered mail within fourteen (14) days of receipt of the Operations Manager response after completion of Step 3 of the grievance procedure. 8.10 All time limits for the filing and processing of grievances are mandatory and any non-compliance with such time limits shall result in the grievance being deemed abandoned. Notwithstanding the foregoing, the Company and the grievant(s)Union may, by agreement in writing, extend or waive any time limit. 8.11 The Company agrees to provide the Union, by registered mail or e-mail, the names and relevant contact information (mailing address, e-mail address, telephone number, fax number, and mobile telephone number) for the Camp Manager and Operation's Manager. 8.12 The Union agrees to provide the Company, by registered mail or e-mail, the names and relevant contact information (mailing address, e-mail address, telephone number, fax number, and mobile telephone number) for Shop Stewards and staff representative(s) assigned to represent the Employees.

Appears in 1 contract

Sources: Collective Agreement

Grievances. A claim or complaint by a bargaining unit member, or group of bargaining unit members, or For the Union, stating that there has been a violation, misinterpretation, or misapplication of any provision purpose of this Agreement, the term grievance shall mean a dispute between the Employer and the Union or the Employer and an employee concerning alleged misinterpretation or violation of the Agreement. Grievant shall mean any established practice which aggrieved employee and/or the Union. It is two (2) or more years’ durationmutually agreed that the Union has the right in its own capacity to act as an aggrieved party in the grievance procedure. In the event that the aggrieved party is an individual employee, may be processed as a the grievance as hereinafter provided. procedure shall begin with Step 1. In the event the Union is the aggrieved party, the procedure shall begin with Step 3. The grievant shall have fifteen (15) calendar days to initiate the grievance procedure from the time the aggrieved party first becomes aware of the alleged grievance. Step 1: The grievant shall submit in writing, to the Union grievance committee, all relevant facts involving the alleged grievance along with the remedy sought. The Union grievance committee, upon receiving the written and signed statement, shall determine if a grievance exists within seven (7) calendar days after receipt of the said grievance. If, in their opinion, no grievance exists, no further action will be taken. Step 2: If the committee agrees that a unit member or grievance does exist, they and/or the Union believes that employee shall outline the grievance in writing, identify all relevant facts and specify the article(s) and section(s) in dispute along with the remedy sought and present the same to the employee's Battalion Chief1 within seven (7) calendar days. The Battalion Chief1 shall forward a grievable incident copy of the grievance immediately to the Fire Chief. Step 3: If within seven (7) calendar days following receipt the Battalion Chief1 has occurrednot settled the grievance satisfactorily, the member or committee and/or the Union shall request a meeting with employee may submit it to the supervisor involved within five (5) days of the occurrence of such grievable incident, or the grievant’s knowledge of the occurrence. The supervisor will schedule a meeting on the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meetingFire Chief. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the requestUnion, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writing, within ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy first step of the grievance shall be sent to submit the grievance in writing to the Fire Chief using the grievance format (facts, contract provisions and remedy) of Step 2. Step 4: If within seven (7) calendar days following receipt the Chief has not settled the grievance satisfactorily, the committee and/or employee may submit it to the Mayor. Step 5: If within fourteen (14) calendar days following receipt the Mayor has not settled the grievance satisfactorily, the Union and may submit the immediate supervisorgrievance to arbitration. The immediate supervisor shall, City and Union representatives shall meet within five twenty-one (521) days of the receipt of the grievance, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Union. Step 3. If the Union is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within five (5) calendar days of receipt of the written grievancegrievance by the Chief to select a neutral arbitrator. If the parties can not agree to the appointment of a neutral arbitrator, the grievance parties shall be transmitted to request a list of nine (9) arbitrators from the superintendent within five American Arbitration Association (5) days of the receipt of the Step 2 answerA.A.A.). Within seven (7) calendar days after following receipt of the list from the A.A.A., the parties shall meet and shall take turns in striking names from the list 1 For non-suppression personnel, the grievance has been so submitted, is submitted to the superintendent shall meet with appropriate Assistant Chief or Fire Marshal. until one remains; the Union on first striking to be governed by the grievancetoss of a coin. The superintendent, within five (5) days after the conclusion decision of the meeting, arbitrator shall render a written decision thereon with copies be final and binding upon all parties concerned. Each side to the arbitration shall pay for one-half of the arbitrator's fees and expenses. The employee or Union and the grievant(s)City may, by mutual written agreement, extend the time limits specified in this grievance procedure. By mutual written agreement, any step in the grievance procedure may be omitted and the grievance advanced to the next step.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. A claim or complaint by a bargaining unit member, or group of bargaining unit members, or the Union, stating that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement, or any established practice which is two (2) or more years’ duration, may be processed as a grievance as hereinafter provided. Step 1. In the event that a unit member or The Company and the Union believes agree that a grievable incident has occurredit is most desirable to resolve misunderstandings and disputes through discussions between the employee and the supervisor, and both the member or Company and the Union shall request a meeting encourage employees to discuss their complaints with the supervisor involved their supervisors so as to resolve differences quickly and directly. Formal grievances, whether individual or executive, shall be raised within five fifteen (515) calendar days of the occurrence of such grievable incidentdate on which the grievances become apparent, or ought to have become apparent. Grievances shall be in writing on the grievant’s knowledge approved grievance form and shall identify, where applicable, the section or sections of the occurrenceagreement claimed to have been violated. Grievances shall be dealt with in the following manner without stoppage of work: STEP 1: (Marketing Centers Only) The supervisor will schedule a meeting on the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writing, taken up with the Marketing Centre Manager (or his designate) who shall render a decision within ten three (103) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (5) working days of the receipt of the grievance. Grievances, render a written decision. A copy which involve dismissal or suspension in excess of this decision seven (7) calendar days, Head Office grievances, and executive grievances shall be forwarded to the grievant(s) and the Uniondispense with Step 1. Step 3. If the Union is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within five STEP 2: Within seven (57) days of receipt of the written grievance, the grievance shall be transmitted to the superintendent within five (5) working days of the receipt of the decision in Step 2 answer. Within 1 the grievance shall be taken up with the Chief Operating Officer (or his designate) in the case of marketing centre grievances or the Controller in the case of Head Office grievances, who shall render a decision within seven (7) days after working days. In grievances which involve dismissal or suspension which exceeds seven (7) calendar days, the Company and the Union may combine steps two and three of the grievance has been so submittedprocedure to expedite the matter. STEP 3: In the event that a decision is not rendered at Step 2, or the decision does not lead to resolution in the view of the parties, the superintendent General Secretary of the Union or his/her designate shall immediately consult with the Chief Operating Officer, Heartland Livestock Services or his/her designate. If after fourteen (14) working days from the date of submission at Step 3 an amicable settlement is not arrived at, it may be submitted to arbitration as hereinafter provided for. STEP 4: A grievance is referred to arbitration by either party giving notice to the other in writing of their intention to do so. Such written notice shall be given within ten (10) working days of the receipt of decision at Step 3, or from the expiry of the time limits at Step 3, whichever is the earlier. Within fourteen (14) days of receipt of such written notice, the parties shall meet with and appoint a single Chairperson to the Board. If the parties fail to agree and fail to appoint a Chairperson within fourteen (14) working days of their initial meeting, they shall request the Minister of Labour for Saskatchewan to appoint a Chairperson to the Arbitration Board and the person so appointed shall be duly empowered to act accordingly. Time limitations in the preceding process may be extended by mutual agreement between the parties, provided that requests for extensions are made prior to the expiry of the time limitation. Employees may have benefit of representation by Union officials at any of the steps in the procedure, and similarly management representatives may have benefit of counsel. In the event of a grievance, the Company agrees, upon request, to provide the Union on with copies of disciplinary and/or appraisal documents which have been served upon the employee, which the Company intends to use in regard to the specific grievance. The superintendent, within five References to disciplinary matters shall be removed from the employee’s personal file after two (52) days after the conclusion years providing there have been no further incidents of the meetingsame or substantially similar nature during that two-year period, shall render a written decision thereon with copies to the Union and the grievant(s)such references, once removed, will no longer be admissible as evidence in any arbitration hearing.

Appears in 1 contract

Sources: Collective Agreement

Grievances. A claim 9.01 For the purpose of this agreement, a grievance or complaint by is defined as a difference arising either between a member of the bargaining unit memberand the Employer or between the parties hereto relating to the interpretation, application, administration or group alleged violation of bargaining unit membersthe Agreement 9.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible, specify the provisions of the Agreement which are alleged to have been violated. 9.03 All complaints and grievances shall be taken up in the following manner: (a) 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 or she has first given her immediate supervisor or their designate the Unionopportunity to adjust his or her complaint. The grievor may have the assistance of a Union ▇▇▇▇▇▇▇ if s/he so desires. (b) A complaint shall only be considered if it is raised and acknowledged by the immediate supervisor within seven (7) days of the event giving rise to the complaint or within seven (7) days after the employee has or ought to have had knowledge of the event giving rise to the complaint. The immediate supervisor will provide a response within three (3) days. If the complaint is not satisfactorily resolved, stating that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement, or any established practice which is two (2) or more years’ duration, the complaint may then be processed taken up as a grievance as hereinafter provided. Step 1. In in the event that following manner: If an employee has a unit member complaint or question, she shall first take the Union believes that a grievable incident has occurred, the member or the Union shall request a meeting matter up with the her immediate supervisor involved within five (5) days of after the occurrence of such grievable incident, circumstances giving rise to the complaint has occurred or the grievant’s having knowledge of the occurrence. (c) The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible, specify the provisions of the Agreement which are alleged to have been violated. The Such complaint may be discussed between the employee and his or her immediate supervisor will schedule within five (5) days after the circumstances giving rise to the complaint or when those circumstances ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it may then be taken up as a meeting on the grievance within five (5) days of such requestfollowing his or her immediate supervisor’s decision in the following manner and sequence: Step 1 A Union ▇▇▇▇▇▇▇ may submit the signed, written grievance to the immediate supervisor or designate. The grievor may accompany the Union ▇▇▇▇▇▇▇. The immediate supervisor or designee shall answer the complaint designate will deliver his or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting her decision in writing within five (5) days of following the request, day on which the claim written grievance was presented to him or complaint may be formalized in writing as provided hereunder. Step 2her. A formalized grievance shall be submitted, in writing, within ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the The Union and the immediate supervisorEmployer may meet to discuss the grievance at a time and place suitable to both parties. The immediate supervisor shallFailing settlement, then: Within five (5) days following the decision in the immediately preceding step, the grievance may be submitted in writing to the Executive Director. A meeting will then be held between the Executive Director and the Union ▇▇▇▇▇▇▇(s) or Grievance Committee, who may be accompanied by the Union Representatives, within five (5) days of the receipt of the grievance, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Union. Step 3. If the Union is not satisfied with the disposition submission of the grievance at and Step 2 or if no disposition has been made within five (5) days of receipt 2, unless extended by mutual agreement of the written grievance, parties. The decision of the grievance Employer shall be transmitted to the superintendent within five (5) days of the receipt of the Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union on the grievance. The superintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies delivered in writing to the Union ▇▇▇▇▇▇▇ and the grievant(s)Union Representative within ten (10 days following the date of such meeting. Failing settlement at Step 2, the Union may refer the matter to arbitration within ten (10 days of receiving the Employer’s decision.

Appears in 1 contract

Sources: Collective Agreement

Grievances. A claim The Union agrees that its representatives will cooperate with the Company in the handling of grievances in order that there will be minimum interference with the normal operations of the Company. During the term of this contract any grievance or complaint by a bargaining unit membermisunderstandings between the Company and the Union regarding the wages, hours, or group working conditions of bargaining unit members, or the Union, stating that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement, or any established practice which is two (2) or more years’ duration, may be processed as a grievance as hereinafter provided. Step 1. In the event that a unit member or the Union believes that a grievable incident has occurred, the member or employees represented by the Union shall request a meeting with be handled as follows: Step One: The grievance shall be presented at this level to the aggrieved employee's immediate non-union supervisor involved within five (5) work days of after the occurrence of such grievable incident, or giving rise to the grievant’s knowledge of the occurrencegrievance. The aggrieved employee, the shop ▇▇▇▇▇▇▇ and the immediate supervisor will schedule a meeting on discuss and attempt to adjust the matter. Step Two: If no settlement is reached at Step One, the grievance shall be reduced to writing and presented to the local Department Head within five (5) work days after the Company's response at Step One. The aggrieved employee, the Union Representative and the local Department Head will meet to discuss the grievance within five (5) work days after the receipt of such requestthe written grievance. The supervisor or designee Company shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied respond in writing with the answer or the supervisor fails or refuses to provide such meeting its decision within five (5) work days subsequent to the meeting of Step Two. Step Three: If the requestCompany's response at Step Two is unsatisfactory to the grievant, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submittedpresented to the President or a Corporate Staff member of the Company within five (5) work days following the receipt of the Step Two decision. The aggrieved employee, the District Representative of the IBEW, the Shop ▇▇▇▇▇▇▇ and the President or Staff Member of the Company will meet to discuss the grievance within thirty (30) days after the receipt of the grievance at Step Three. At this step in writingthe procedure, there also may be present an International Representative of the Union in an advisory capacity to the Local Union. Notice of the Company response at Step Three will be sent to the aggrieved party, the ▇▇▇▇▇▇▇ and the IBEW representative. If a settlement of the grievance is not reached within ten (10) days of the meeting between conclusion of Step 3, then the supervisor and the affected bargaining unit member(s)grievance may be submitted to non-binding mediation pursuant to following provisions or to arbitration in accordance with Article 28. When a grievance is reduced to writing, it shall contain: A copy statement of the grievance and all the facts and chronology upon which it is based. The remedy or correction which is desired to be made. The section or sections of this Agreement that may have been violated. Failure to abide by the time restrictions of this Article shall be sent to preclude any subsequent filing or processing of the Union grievance by the grievant or Union. Mediation - The grievant and the immediate supervisorCompany by mutual agreement may submit the matter to mediation following the conclusion of Step 3. The immediate supervisor shallIf mediation is selected and both parties agree to participate in mediation, the time limitation of ten (10) days for arbitration filing is suspended. However, should mediation be unsuccessful then either the grievant or the Company may file for arbitration within five ten (510) days of the receipt conclusion of mediation. It is the intent of both the Company and the IBEW that mediation be as flexible as follows. However, it is agreed that the following shall apply to mediation procedures: The grievant has the right to be present during the mediation conference. Any written material provided to the mediator shall be returned to the party presenting the materials at the termination of the grievancemediation conference. The mediator may, render however, retain a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Union. Step 3. If the Union is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within five (5) days of receipt of the written grievance, grievance to be used for other purposes. Proceedings before the grievance mediator shall be transmitted to the superintendent within five (5) days informal in nature and no record of the receipt mediation conference shall be made. The mediator has the right to meet separately with any person or persons during the mediation process but does not have the authority to compel a resolution of the Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union on the a grievance. The superintendentmediator shall state the grounds of his or her advisory decision. If no settlement is reached at mediation, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies parties are fee to the Union and the grievant(s).arbitrate. ARTICLE 28

Appears in 1 contract

Sources: Collective Bargaining Agreement (Central Vermont Public Service Corp)

Grievances. A claim Section 1 Complaints or complaint by a bargaining unit membergrievances which may arise between the Company and the Union, or between the Company and any employee or group of bargaining unit membersemployees, or shall be handled in the Union, stating that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement, or any established practice which is two (2) or more years’ duration, may be processed as a grievance as hereinafter providedfollowing manner. Step 1: An employee having a complaint or grievance, shall have the right, initially, to present the complaint or grievance verbally and directly to his Facilitator or to have such complaint or grievance presented verbally to the Facilitator by his ▇▇▇▇▇▇▇. Although the Company agrees that it will deal only with the designated representative of the Union on such matters as are properly a subject for collective bargaining, it is the desire and the intention of both the Company and the Union that minor routine complaints or grievances of individual employees shall be disposed of as promptly as possible by the Facilitator. If a complaint or grievance is not settled in this step of the grievance procedure, it shall not preclude the aggrieved employee from requesting their ▇▇▇▇▇▇▇, or filing a written grievance under Step 1-A. Step 1- A: Employees having a complaint or grievance may elect originally to file their complaint or grievance as a written grievance with their ▇▇▇▇▇▇▇, and omit Step 1 set forth above. All written grievances shall be made out on triplicate grievance forms provided by the Union and must include the employee’s index number, specific article(s) and section(s) of this agreement that have been violated, the details of the violation, remedy requested, and be signed by the aggrieved employee or employees. The 3rd copy shall remain in the grievance book. The ▇▇▇▇▇▇▇ will present the 2nd copy and the original copy to the Facilitator, and with the Facilitator attempt to bring about a settlement of the grievance. Either the Facilitator or ▇▇▇▇▇▇▇ may request and obtain the presence of the aggrieved employee at this step of the grievance procedure. A written answer to the grievance shall be furnished to the ▇▇▇▇▇▇▇ by the Facilitator within twenty-four (24) hours after the discussion of the grievance has been concluded. Step 2: In the event that no settlement can be reached that is mutually satisfactory to the employee, the ▇▇▇▇▇▇▇, and the Facilitator then the ▇▇▇▇▇▇▇ may take up the matter with Human Resources or other designated Company Representative. At the request of the ▇▇▇▇▇▇▇, the employee or employees, appropriate Facilitators, or other Company Representatives will be called in by Human Resources or other designated Company Representative. Except in emergencies, the ▇▇▇▇▇▇▇ and Human Resources or other designated Company Representative shall not meet more often than once a unit member day at a mutually agreeable time. When settled during a grievance meeting, the resolution will be noted on the grievance form and initialed by Human Resources and the ▇▇▇▇▇▇▇. A written statement to the grievance as to whether it is settled and the terms, if any, or denied, shall be furnished to the ▇▇▇▇▇▇▇ by Human Resources or other designated Company Representative within twenty-four (24) hours upon request after the discussion of the grievance has been concluded. Step 3: In the event that the grievance is not satisfactorily settled in Step 2 above, the Bargaining Committee of the Union may then take up the grievance with the designated representative of the Company, indicating the grievances to be discussed. At the request of either the Union or the Company the parties shall meet not less than once a week in an attempt to settle grievances. Discharge grievances by employees or general policy grievances by the Company or Union believes shall be taken up commencing at this step of the grievance procedure. Although it is contemplated that a grievable incident has occurred, meetings between the member or Company and the Union shall request a meeting with be restricted to the supervisor involved within five (5) days of the occurrence of such grievable incidentmeetings designated above, or the grievant’s knowledge of the occurrence. The supervisor will schedule a meeting on the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint meetings at this step may be formalized called by either party on shorter notice in writing as provided hereunderthe event of emergency. Step 2. A formalized Section 2 Should there be no settlement of a grievance shall be submitted, in writing, within ten (10) days of the meeting or grievances between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (5) days Company after the outlined steps of the receipt of the grievanceContract grievance procedure have been exhausted, render a written decision. A copy of this decision shall be forwarded either party may submit such grievance or grievances to the grievant(s) and the Union. Step 3. If the Union is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made arbitration within five sixty (5) days of receipt of the written grievance, the grievance shall be transmitted to the superintendent within five (5) days of the receipt of the Step 2 answer. Within seven (760) days after the grievance has first been so submitteddiscussed in the third stage of the grievance procedure. Either party shall notify the other in writing as to which grievance or grievances are to be submitted to arbitration Should a bargaining unit employee successfully challenge a decision by the Local Union not to pursue a grievance to arbitration at the first Union meeting held after the expiration of the 60 day time limit, the superintendent Union may submit such grievance to arbitration within three (3) business days. Upon making a timely request for arbitration either party shall meet with request the Union on Federal Mediation and Conciliation Service to submit the grievancenames of seven (7) arbitrators. The superintendent, parties shall strike names alternately from the panel until one name is left. He shall be the arbitrator. The party requesting arbitration shall strike first and thereafter the parties shall alternate in striking first. All grievances between the two parties shall be deemed arbitrable. Priority shall be given to discharge cases and the decision of the arbitrator shall be due within five thirty (530) days after the conclusion completion of all matters pertaining to the hearing. With the exception of discharge and policy grievances there will be no court reporter nor will there be counsel for either party at the arbitration hearing and each party will be expected to present substantially those same arguments each made in support of their position at the third (3rd) step grievance meeting and there will be no post hearing briefs. If new evidence or arguments come up after 3rd stage, the party finding the new evidence or arguments must notify the other parties prior to arbitration. The arbitrator will provide the parties with a written award within twenty (20) days after the hearing. The decision of the meetingarbitrator shall be final and binding. The arbitrator shall have no authority to alter any part of the Contract of which this is a part. The actual cost of the arbitrator, FMCS fee, stenographer and arbitration facilities shall be equally assumed by the parties. If a backlog of arbitration cases occurs, the Company and Union will schedule a meeting and make a good faith attempt to settle all outstanding grievances. Section 3 Stewards shall remain at their work at their respective jobs unless engaged in working on a grievance or performing other official Union business, and for that purpose shall leave their jobs only in accordance with the following procedure: (a) A ▇▇▇▇▇▇▇ shall contact his Facilitator when leaving his job to work on a grievance or perform other official Union business in his department or departments to allow the Facilitator sufficient time to replace him on his job, if necessary. (b) A ▇▇▇▇▇▇▇ will be permitted to leave his work in his department when called by a Company representative or a Union representative for a discussion concerning a grievance or other official Union business. (c) Stewards shall punch out when starting on grievance activity or other official Union business as set forth above and upon their return to work following such grievance activity or other official Union business, shall render so notify their Facilitator, and punch in. Section 4 The President of the Local Union is a written decision thereon member ex-officio of all committees and chairman of the Bargaining Committee, and shall have the right to attend any and all meetings held between the Company and the Bargaining Committee. Section 5 When a ▇▇▇▇▇▇▇ leaves his work for the purpose of taking up a grievance with copies his Facilitator, Human Resources or other designated Company Representative under the grievance procedure, he will be paid at his day rate for time lost in handling such grievances, provided he punches in and punches out. If an employee is called away from his work by the Company or at the request of the Union representative to discuss a grievance with the Company representative, in accordance with the above grievance procedure, he will be paid at his day rate for time so lost, provided he punches in and punches out. Section 6 Each member of the Bargaining Committee shall be paid by the Company up to a maximum of twelve (12) hours per month for any third step meetings. Section 7 The Union agrees that during the term of this agreement, that it will not participate in or recognize any sympathy strike, nor will it authorize, approve or participate in any concerted slow down, strike, work stoppage or other concerted interruptions of Company operations relative to any dispute amenable to the Union and arbitration provisions of the grievant(s)labor agreement. The Company agrees that for the same period there shall be no lockouts.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. A claim Any Complaint alleging Discrimination or complaint Harassment shall be pursuant to Board Rule 4001.2 and 4001.3 as they existed on July 10, 2021. Any amendments to Board Rule 4001.2 or 4001.3 which occur after July 10, 2022 will be submitted to the Union for approval prior to implementation for employees covered by a bargaining unit memberthis Agreement. Any other grievance, complaint, disagreement or group difference of bargaining unit membersopinion between the District, the Union or the Union, stating that there has been a violation, misinterpretation, or misapplication employees covered by the Agreement concerning application of any provision the terms of this Agreement, or any established practice which is two (2) or more years’ duration, may Agreement will be processed as a using the following grievance as hereinafter provided.procedure: Step 1. In the event that a unit member (A) Any aggrieved Employee or the Union believes that may present a grievable incident has occurredGrievance. All Grievances must be in writing. Any Grievance which is not presented within fifteen (15) days following the event giving rise to such a Grievance shall be forfeited and waived by the aggrieved party. The grievance form shall state the name of every employee authorizing the filing of the grievance, and all grievances shall be signed by at least one aggrieved employee who is directly affected by the member or alleged grievance. An aggrieved employee shall have the right to a Union Representative appointed by the Union throughout the grievance process. (B) The grievant shall request a meeting first take up the Grievance by presenting it in writing to their immediate supervisor or designee. If the Grievance is not satisfactorily adjusted with the supervisor involved within five (5) days of from the occurrence of such grievable incidentmeeting with the supervisor, the Employee or the grievant’s knowledge of the occurrence. The supervisor will schedule a meeting on Union representative shall present the grievance in writing to the Chief Financial Officer or his or her designated representative. (C) The Chief Financial Officer or his or her designated representative shall within five twenty (520) days of such requestfrom the day it was received, make a determination and submit the determination to the aggrieved party in writing. The supervisor or designee shall answer the complaint or Prior to making a grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the requestdetermination, the claim Chief Financial Officer (or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submittedhis/her designee) may, in writing, within ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (5) days of the receipt of the grievance, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Union. Step 3. If the Union is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within five (5) days of receipt of the written grievanceGrievance, request a meeting with the Union President (or his/her designee) and/or the grievant. Also, the grievance shall be transmitted to Union President (or his/her designee) and/or the superintendent grievant may, within five (5) days of the receipt date of the Step 2 answerGrievance, request a meeting with Chief Financial Officer (or his/her designee). Within seven In the event of a meeting with the Chief Financial Officer (7or his/her designee) days after and the Union President (or his/her designee), both parties must have full authority to settle the Grievance at said meeting. In the event of a requested meeting, the Chief Financial Officer’s (or his/her designee’s) timelines shall be suspended until such meeting can be held. (D) Each party reserves the right to litigate a question presented by the Grievance by bringing an original action in any court of competent jurisdiction in the event such party shall not be satisfied with the resolution of the Grievance. However, no such litigation may be maintained until all available steps under this grievance procedure have been pursued and exhausted and before the Union’s attorney has met with the District’s attorney to discuss the issue that may be subject to litigation. It is understood and agree to between the parties that the role of the Chief Financial Officer or his or her designee in the grievance has been so submittedprocedure is not an exercise of a judicial or quasi-judicial function, but solely as a means to allow the superintendent parties to resolve disputes informally. (E) Definitions: Days shall meet with the Union on the grievance. The superintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Union and the grievant(s)mean calendar days.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. A. The grievance procedure shall serve as an orderly means of settling contract issues without undue interruption or disturbance of the operation of the school. A grievance shall be defined as an alleged violation of the provisions of this agreement, a written dispute, claim or complaint arising under and during this Agreement and filed by a bargaining unit membereither an authorized representative of, or group an employee in, the bargaining unit. Grievances are limited to matters of bargaining unit members, interpretation or application of the Union, stating that there has been a violation, misinterpretation, or misapplication of any provision express provisions of this Agreement, or any established practice which is two (2) or more years’ duration, may be processed as a grievance as hereinafter provided. Step 1. In the event that a unit member or the Union believes that a grievable incident has occurred, the member or the Union shall request a meeting with the supervisor involved B. All grievances must be filed within five (5) working days of after the occurrence of such grievable incident, or the grievant’s knowledge of the occurrence. The supervisor will schedule a meeting on circumstances giving rise to the grievance within or five (5) days from when the grievant should reasonably have known of such requestthe occurrence. Otherwise, the right to file a grievance is forfeited and no grievance shall be deemed to exist. C. A work day as described in the grievance procedure shall mean any day which both the appropriate local Union representative and the Employer representative is scheduled to work. Saturdays, Sundays and legal holidays shall not be counted under the time limits established in the grievance procedure. Step 1 An employee having a complaint or grievance shall first discuss the matter orally with the employee's immediate supervisor or immediate supervisor's designee. The supervisor or designee shall answer the complaint or grievance orally within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunderworking days. Step 2. A formalized grievance shall be submitted2 If the matter is not resolved in Step 1, in writing, within ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent reduced to writing on the regular grievance form provided by the Union, signed by the grievant(s) and presented to the Union employee's immediate supervisor within three (3) working days of the Step 1 oral answer. Within two (2) work days of receipt of the written grievance, the employee's immediate supervisor shall meet with the ▇▇▇▇▇▇▇ and the immediate supervisorgrievant in an effort to resolve the grievance. The immediate supervisor shall reply in writing to the grievant within three (3) work days of such meeting, and shall furnish a copy thereof to the ▇▇▇▇▇▇▇. Step 3 If the matter is not resolved in Step 2, the Union shall, within five (5) working days of the receipt immediate supervisor’s answer in Step 2, contact the Superintendent to arrange a meeting on the grievance to present and discuss the written grievance with the Superintendent (or designee). This meeting shall be held within five (5) working days of the grievance, render request unless an extension of time is mutually agreed to by both parties. The Superintendent (or designee) shall provide a written decisionresponse to the Union representative within five (5) work days of such meeting. A copy of this decision such response shall also be furnished to the employee involved. A. If the Union representative is not satisfied with the disposition of the grievance by the superintendent (or designee), or if no disposition has been made within five (5) school days of such meeting, or ten (10) work days from the date of filing, whichever shall be forwarded later, the grievance shall be transmitted to the grievant(sBoard of Education by filing a written copy thereof with the secretary, or other designee of the Board. The Board (or an appointed committee of the Board), no later than its next regular meeting, or two (2) and calendar weeks, whichever shall be later, may hold a grievance hearing in executive session, or give such other consideration to the Uniongrievance as it shall deem appropriate. Step 3B. Disposition of the grievance in writing by the Board (or an appointed committee of the Board) shall be made no later than seven (7) work days thereafter. A copy of such disposition shall be furnished to the Union and to the employee involved. A. If the Union is not satisfied with the disposition of the grievance at Step 2 4, or if no disposition has been made within five (5) days of receipt the period provided, the Union may file a Demand for Arbitration of the written grievancedispute with the Federal Mediation and Consultation Service, whose rules shall govern the arbitration proceeding. The Union shall file for arbitration not later than thirty (30) calendar days from the date of the Board’s timely response. B. The arbitrator shall have no authority to add to, subtract from, modify, change, alter or amend the terms and conditions of the agreement. C. The costs and expenses of the arbitrator shall be shared equally by the parties. D. The decision of the arbitrator shall be binding on the Employer, the grievance shall be transmitted to Union, and all bargaining unit employees involved in the superintendent within five (5) days of the receipt of the Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union on the particular grievance. The superintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Union and the grievant(s).

Appears in 1 contract

Sources: Master Agreement

Grievances. A claim or complaint by a bargaining unit member, or group of bargaining unit members, or 20.1 For the Union, stating that there has been a violation, misinterpretation, or misapplication of any provision purpose of this Agreement, a grievance is defined as any difference between the parties concerning the interpretation, application, administration, or alleged violation of this Agreement. 20.2 It is agreed that the maintenance of harmonious relations between the parties requires prompt filing and disposition of grievances. Any grievances, as hereinabove defined which may arise, must be presented within fourteen (14) working days after its occurrence, except for grievances arising out of Article 16 - Posting of Transfers, which must be presented within ten (10) working days after its occurrence. 20.3 Nothing contained in this Agreement shall be deemed to deprive any established practice employee of his right to process any grievance, as herein above defined. 20.4 Upon the request of the employee, the Union shall have the right to represent the employee to process any grievance under this Agreement, as herein above defined. A termination of employment shall only occur in the presence of an official representative of the Union. 20.5 Union representatives will be allowed a reasonable amount of time during working hours in which is to investigate or present grievances, provided they first obtain permission from their Supervisor to leave their particular assignment. The Board agrees that such permission will not be unreasonably withheld. The Union agrees that such privileges will not be abused. 20.6 Grievances shall be dealt with in successive steps, as follows: STEP 1 An employee who wishes to register a complaint or discuss a problem shall present it orally to the immediate Supervisor. The Supervisor has two (2) or more years’ durationworking days in which to make an oral reply. STEP 2 If the immediate Supervisor's decision does not satisfactorily resolve the matter, the employee, with the agreement of the Union, may be processed as a submit the grievance as hereinafter provided. Step 1. In to the event that a unit member or the Union believes that a grievable incident has occurred, the member or the Union shall request a meeting with the supervisor involved Managing Director within five (5) days working days. The grievance must be in writing, and include a statement of the occurrence of such grievable incident, or following: i) the grievant’s knowledge name(s) of the occurrenceaggrieved; ii) the nature of the grievance and the circumstances out of which it arose; iii) the remedy or correction the Board is requested to make; and iv) the articles and section(s) where the Agreement is claimed to be violated. The supervisor will schedule a meeting on the grievance within Managing Director shall have five (5) working days of such requestto reply to the grievance. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. This reply will also be in writing. STEP 3 If the grievant is unsatisfied Managing Director’s decision does not satisfactorily resolve the matter, the employee, with the answer or agreement of the supervisor fails or refuses to provide such meeting within Union, has five (5) working days to appeal the decision to the Board of Trustees. The Board or an appointed committee of the requestBoard, will hear the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writing, appeal within ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (5) days of the receipt of the grievance, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Union. Step 3. If the Union is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within five (5) days of receipt of the written grievance, the grievance shall be transmitted to the superintendent within five (5) days of the receipt of the Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union on the grievance. The superintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Union and the grievant(s).ten

Appears in 1 contract

Sources: Collective Agreement

Grievances. A claim or complaint It is the mutual desire of the parties, hereto, that complaints of employees be adjusted as quickly as possible and it is generally understood that an employee has no grievance until he has given to his ▇▇▇▇▇▇▇ an opportunity to adjust his complaint. The Union shall arrange for the election its membership of a Union Grievance Committee of three (3) headed by a bargaining unit memberUnion ▇▇▇▇▇▇▇ who shall act as spokesman for that Committee. Immediately after an election, or group the Union Grievance Committee will notify the Company in writing as to the names of bargaining unit membersthe Union ▇▇▇▇▇▇▇ and the members of the Union Grievance Committee elected and the Company, will acknowledgein writing the receipt of such notice. The Company shall not be required to \ recognize either the Union ▇▇▇▇▇▇▇ or the UnionUnion Grievance Committee until such time as this procedure is out. The Union ▇▇▇▇▇▇▇ Grievance Committee man may be allowed time off during his hours at a time acceptable to the Company in connection with business, stating provided that it does not interfere with the efficient operation of the The Company shall pay the Union ▇▇▇▇▇▇▇ Grievance Committee man at his regular or premium rate, which may be proper, for any time spent in connection with cleared after eighteen 8) months. It is agreed that there has been a violationshall be no discriminationexercised in any manner towards the ▇▇▇▇▇▇▇ or Union Grievance Committeemen. A grievance under the provisions of this Agreement is defined to be any difference between the parties or between the Company and the employees covered by this Agreement involving the interpretation, misinterpretationapplication, administration or misapplication alleged violation of any provision of the provisions of this Agreement, or any established practice which is two (2) or more years’ duration, . Grievances as defined above may be processed as a grievance as hereinafter provided. Step 1. In taken in writing, by the event that a unit member employee or the Union believes that a grievable incident has occurred, the member ▇▇▇▇▇▇▇ or the Union shall request a meeting Representative, directly to the employee's immediate supervisor for adjustment outside hours or during hours if this does not interfere with the supervisor involved within five efficient operation of the plant. No grievance shall be recognized unless this procedure is followed. No grievance shall be considered where the giving rise to it, or originated or came to the notice of an employee more than fifteen (515) days before the filing of the occurrence grievance. Any grievance submitted to the immediate supervisor, in accordance with this procedure, in writing, will be disposed of such grievable incidentby the immediate supervisor, or the grievant’s knowledge of the occurrencein writing. The supervisor Where a grievance has been submitted in writing, it will schedule be dealt with in writing at all stages thereafter, Failing a meeting on the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance satisfactory adjustment within two (2) days following working days, then, The matter shall be taken up by the meeting. If the grievant is unsatisfied Union Grievance Committee and/or Union Representative with the answer or the supervisor fails or refuses to provide such meeting within five Superintendentor his Representativewithin four (54) days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitteddays, in writing, within ten (10) days of on forms to be supplied by the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisorUnion. The immediate supervisor shallSuperintendent or his Representative shall make a reply in writing within a further four (4) working satisfactory adjustment, within five (5) days of the receipt of the grievance, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Union. Step 3. If the Union is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within five (5) days of receipt of the written grievance, the grievance shall be transmitted to the superintendent within five (5) days of the receipt of the Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union on the grievance. The superintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Union and the grievant(s).then,

Appears in 1 contract

Sources: Collective Agreement

Grievances. A. A "grievance" is a claim by NEA-Loving or complaint by a one or more employees in the bargaining unit member, or group of bargaining unit members, or the Union, stating that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement, or any established practice which is two (2) or more years’ duration, agreement. B. Grievance timelines may be processed as a grievance as hereinafter providedextended by mutual written consent. Step 1C. The District and the Association will collaboratively develop all forms to be used in grievance processing. All grievances, responses, and appeals must be filed on appropriate forms as provided by the District or the Association or must follow the same format as the collaboratively developed forms. D. In the event that an aggrieved party believes there is a unit member basis for a grievance, he/she shall first discuss the alleged grievance with the building principal or immediate supervisor either personally or accompanied by an NEA-loving representative within five fifteen (15) calendar days of the alleged violation of the agreement or the Union believes that time one should reasonably have known of the occurrence. If the employee desires to be accompanied by an Association representative(s), notification must be provided in advance of scheduling the meeting. The immediate supervisor may also have a grievable incident has occurredrepresentative(s) present. This is the informal oral step of the grievance process. E. All grievances will state the specific Agreement item violation, state how the member or employee was harmed, and state the Union remedy being sought. F. Failure to meet timelines specified herein shall request result in the dismissal of the grievance. Step 1 ( Supervisor) 1. If, as a meeting result of the informal discussion with the supervisor involved building principal or immediate supervisor, a grievance still exists; the grievant may invoke the formal grievance procedure on the grievance form to be developed by the parties. A copy of the grievance form shall be delivered to the principal or immediate supervisor. The form shall be signed and dated by the grievant and a representative of the Association. The written grievance must be filed within the Superintendent’s Office’s office within five (5) days of the occurrence of such grievable incidentgrievance, or the grievant’s knowledge of the occurrence. The supervisor will schedule a meeting on the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step 2informal step. A formalized No grievance shall be submittedprocessed unless an informal discussion with the building principal or immediate supervisor has been held. 2. Within five (5) calendar days of receipt of the grievance, the principal or immediate supervisor shall meet with the grievant and/or the union in an effort to resolve the grievance. 3. The principal or immediate supervisor shall indicate disposition of the grievance, in writing, within ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (5) calendar days of such meeting and shall furnish the receipt of the grievance, render grievant and NEA-Loving a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Unioncopy. Step 34. If the Union is principal or immediate supervisor does not satisfied with have the disposition of authority to resolve the grievance at Step 2 or if no disposition has been made within five (5) days of receipt of the written grievance, the grievance shall be transmitted to the superintendent within five (5) days of the receipt of the initiated at Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union on the grievance. The superintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Union and the grievant(s)2.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. A claim or complaint The parties recognize the value of informal discussions between employees and their supervisors to the end that problems might be resolved without recourse to a formal grievance. When an employee, within the time limits prescribed in stage gives notice that he wishes to take advantage of this clause, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits. Employees who feel themselves to be aggrieved by a bargaining unit member, or group the interpretation of bargaining unit members, or alleged violation of the Union, stating that there has been a violation, misinterpretation, or misapplication of any provision provisions of this Agreement, shall have the right to present a formal written grievance in keeping with the following procedure: Employees shall have the right to discuss with and settle through the Supervisor concerned any complaints they may have. Employees will have fifteen (15) days in which to submit a grievance from the day on which they first became aware of the action or any established practice circumstances giving rise to the grievance. Employees shall state the precise nature of the grievance, the of the Collective Agreement of which the interpretation is in dispute or which is two (2) alleged to have been violated, and the redress sought. The Director, Patron Services, or more years’ durationdesignate, may shall be processed as the Employer’s representative authorized to deal with Grievances at Stage The designated manager shall a written reply to the grievance as hereinafter provided. Step 1. In by hand or by registered mail, with a copy to the event that a unit member or the Union believes that a grievable incident has occurred▇▇▇▇▇▇▇, the member or the Union shall request a meeting with the supervisor involved within five (5) days President of the occurrence of such grievable incident, or Local and the grievant’s knowledge National Component of the occurrence. The supervisor will schedule a meeting on the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writing, Alliance within ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy receipt of the grievance grievance. The Director Patron Services or his Delegate may request to the that a meeting take place to discuss the grievance. In such cases a meeting shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, scheduled within five (5) a period of ten days of the receipt of the grievance. The time limits for the reply will commence only the day that the meeting is held. Employees may, render if they so desire, be assisted or represented by the Alliance. Failing a written decisionsatisfactory settlement at Stage employees will have twelve (12) days in which to submit grievances to Stage from the date on which the reply at Stage was delivered or postmarked by registered mail or was due, provided that the support of and representation by the Alliance has been obtained. A copy of this decision The Director General, or designate, shall be forwarded the Employer’s representative authorized to deal with grievances at Stage The Director General, or designate, shall schedule a hearing within the grievant(s) prescribed time limits, and the Union. Step 3. If the Union is not satisfied with the disposition hearing shall be scheduled within a period of the grievance at Step 2 or if no disposition has been made within five nine (59) days of following receipt of the submission to Stage The time limits for the written grievancereply at Stage will only commence from the day that the hearing is held. The Director General or designate shall forward a written reply, by hand or by registered mail, with a copy to the ▇▇▇▇▇▇▇, the grievance shall be transmitted to President of the superintendent within five local and the National Component of the nine (59) days of the receipt of hearing at Stage Where the Step 2 answer. Within seven (7) days after Corporation discharges an employee, the grievance has been so submitted, the superintendent shall meet with the Union on the grievance. The superintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Union and the grievant(s).procedure set forth in Clause applies except that:

Appears in 1 contract

Sources: Collective Agreement

Grievances. A claim or complaint The parties recognize the value of informal discussions between employees and their supervisors to the end that problems might be resolved without recourse to a formal grievance. When an employee, within the time limits prescribed in stage gives notice that he wishes to take advantage of this. ▇▇▇▇▇▇, i t is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits. Employees who feel themselves to be aggrieved by a bargaining unit member, or group the interpretation of bargaining unit members, or alleged violation of the Union, stating that there has been a violation, misinterpretation, or misapplication of any provision provisions of this Agreement, or shall have the right to present a formal written grievance in keeping with the following procedure: Employees shall have the right to discuss with and settle through the Supervisor concerned any established practice complaints they may have. Employees will have fifteen (15) days i n which is two (2) or more years’ duration, may be processed as to submit a grievance as hereinafter provided. Step 1from the day on which they first became aware of the action or circumstances giving rise to the grievance. In Employees shall state the event that a unit member or precise nature of the Union believes that a grievable incident has occurredgrievance, the member of the Collective Agreement of which the interpretation is i n dispute or which i s alleged to have been violated, and the Union redress sought. The Manager, Patron Services, or designate, shall request be the Employer's representative authorized to deal with Grievances at Stage The designated manager shall forward a meeting written reply to the grievance by hand or by registered mail, with a copy to the supervisor involved ▇▇▇▇▇▇▇, the President of the Local and the National Component of the Alliance within five (5) ten days of the occurrence of such grievable incident, or the grievant’s knowledge receipt of the occurrencegrievance. The supervisor will schedule designated manager may request to the that a meeting on take place to discuss the grievance within five (5) days of grievance. In such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such cases a meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writing, scheduled within a period of ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (5) days of the receipt of the grievance. The time limits for the reply will commence only the day that the meeting is held. Employees may, render if they so desire, be assisted or represented by the Alliance. Failing a written decisionsatisfactory settlement at Stage employees will have twelve (12) days i n which to submit grievances to Stage from the date on which the reply at Stage was delivered or postmarked by registered mail or was due, provided that the support of and representation by the Alliance has been obtained. A copy of this decision The Director General, or designate, shall be forwarded the Employer's representative authorized to deal with grievances at Stage The Director General, or designate, shall schedule a hearing within the grievant(s) prescribed time limits, and the Union. Step 3. If the Union is not satisfied with the disposition hearing shall scheduled within a period of the grievance at Step 2 or if no disposition has been made within five nine (59) days of following receipt of the submission to Stage The time limits for the written grievancereply at Stage will only commence from the day that the hearing is held. The Director General or designate shall forward a written reply, by hand or by registered mail, with a copy to the ▇▇▇▇▇▇▇, the grievance shall be transmitted to President of the superintendent local and the National Component of the within five nine (59) days of the receipt of hearing at Stage Where the Step 2 answer. Within seven (7) days after Corporation discharges an employee, the grievance has been so submitted, the superintendent shall meet with the Union on the grievance. The superintendent, within five (5) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Union and the grievant(s).procedure set forth in Clause applies except that:

Appears in 1 contract

Sources: Collective Agreement

Grievances. A. The purpose of the grievance procedure shall be to settle employee grievances on as low an administrative level as possible so as to insure efficiency and maintain morale. B. A claim or complaint by grievance shall be considered to be a bargaining unit memberUnion, or group Unit employee's complaint concerned with the interpretation, meaning, or application of bargaining unit membersthe Collective Bargaining Agreement. The Union may seek adjustment of the grievance as follows: C. Step 1 1. The Union ▇▇▇▇▇▇▇, with or without the employee, shall take up the grievance or dispute verbally with the employee's immediate supervisor and in writing to the Department Head within thirty (30) working days from the date of the grievance, or the Union, stating that there has been a violation, misinterpretation, or misapplication employee's knowledge of its occurrence. Grievance shall state the employee's name and all applicable articles along with specific sections of the Collective Bargaining Agreement in dispute. The grievance shall specifically indicate any provision of this Agreement, or any established practice which is two (2) or more years’ duration, may be processed as a grievance as hereinafter providedand all remedies sought to resolve the dispute. Step 1. In the event that a unit member or the Union believes that a grievable incident has occurred, the member or the Union shall request a meeting with the supervisor involved within five (5) days of the occurrence of such grievable incident, or the grievant’s knowledge of the occurrence. The supervisor will schedule a meeting on the grievance within five (5) days of such request2. The supervisor or designee Department Head shall answer attempt to adjust the complaint or matter and shall respond to the ▇▇▇▇▇▇▇ within fifteen (15) working days from the date the grievance within two (was presented by the Union. D. Step 2) days following the meeting 1. If the grievant grievance is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the requestnot resolved at Step 1, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance it shall be submittedpresented by the Union ▇▇▇▇▇▇▇, Union representative, or grievance committee to the Director of Human Resources, in writing, within ten fifteen (1015) working days after the response of the Department Head is due. The appeal shall include copies of the written grievance and the Step 1 written decision. The Director of Human Resources shall schedule a hearing within fifteen (15) working days of receiving the meeting between the supervisor and the affected bargaining unit member(s). A copy of grievance, at which time the grievance and proposed remedies shall be sent to discussed with the employee, the Union and the immediate supervisorDepartment Head. 2. The immediate supervisor shall, within five (5) days Director of the receipt of the grievance, render a written decision. A copy of this decision Human Resources shall be forwarded to the grievant(s) and the Union. Step 3. If the Union is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within five (5) days of receipt of the written grievance, the grievance shall be transmitted to the superintendent within five (5) days of the receipt of the Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union on the grievance. The superintendent, within five (5) days after the conclusion of the meeting, shall render provide a written decision thereon with copies to the Union ▇▇▇▇▇▇▇, Union representative, and Union president within fifteen (15) working days from the grievant(s)date of the hearing. E. Step 3

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. A claim Section 9.01. Procedure - Grievances to be processed hereunder shall be confined to the interpretation or complaint by application of a bargaining unit memberspecific provision or provisions of this Agreement and when filed in writing must state specifically the contract provision or provisions alleged to have been violated, or group of bargaining unit memberswhat Company action, or if any, caused the Union, stating that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement, or any established practice which is two (2) or more years’ duration, may and the remedy requested. Grievances meeting the above requirements shall be processed as a in the following manner: 1 - The aggrieved employee shall take the matter up with his Supervisor who shall give his answer within three (3) working days after being advised of the grievance. Unless such grievance as hereinafter provided. Step 1. In is presented to the event that a unit member or the Union believes that a grievable incident has occurred, the member or the Union shall request a meeting with the supervisor involved within employee's Supervisor no later than five (5) working days from the date on which the act or condition complained of the occurrence of last occurred, such grievable incident, or the grievant’s knowledge of the occurrencegrievance need not be considered. The supervisor will schedule a meeting on Step No. 2 - If the grievance within five (5) days of such request. The supervisor or designee shall answer is not settled by the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the requestSupervisor's decision, the claim or complaint may be formalized in writing as provided hereunder. Step 2. A formalized grievance shall be submitted, in writing, within ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor ▇▇▇▇▇▇▇ shall, within five (5) working days of the after receipt of the grievanceSupervisor's decision, render file a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Union. Step 3. If the Union is not satisfied grievance with the disposition of the grievance at Step 2 or if no disposition has been made within five (5) days of receipt of the written grievance, the grievance shall be transmitted to the superintendent within five (5) days of the receipt of the Step 2 answer. Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union on the grievanceemployee's section supervisor. The superintendent, section supervisor will within five (5) days after receiving the conclusion grievance, reply with his written disposition. Step No. 3 - If the section supervisor's disposition in Step No. 2 is not acceptable, then the Union Grievance Committee will have seven (7) days after receipt of the meeting, shall render a section supervisor's written decision thereon with copies disposition of the grievance within which to request in writing that the grievance and the disposition thereof by the section supervisor be considered by the General Manager or his designated representative. The General Manager or his designated representative will give his written disposition to the Union and grievance within seven (7) working days after receiving the grievant(s)written grievance.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. Section 15.01 A claim grievance within the meaning of this Agreement shall be any controversy or complaint by a bargaining unit memberdispute arising between the parties hereto relating to any matter of wages, hours, and working conditions, or group of bargaining unit members, any dispute between the parties involving interpretation or the Union, stating that there has been a violation, misinterpretation, application or misapplication of any provision provisions of this Agreement. A grievance shall be presented within thirty (30) days after it occurs; (five working days (5) in cases of discharge), or any established practice which otherwise, it shall not be considered a grievance. The steps of the Grievance Procedure are as follows: Step 1 Wherever practicable, the aggrieved employee shall present his/her grievance to the OPEIU Local Representative who, in turn, will present it to the immediate supervisor. If it is the desire of the parties to eliminate the immediate supervisor at the first step, then this, by mutual Agreement, can be worked out between the parties. Where the Union does meet with the immediate supervisor and the complaint is not satisfactorily settled within two (2) or more years’ duration, may be processed as a grievance as hereinafter provided. Step 1. In the event that a unit member or the Union believes that a grievable incident has occurredworking days, the member or immediate supervisor will provide a written response to the Union shall request a meeting with the supervisor involved union within five (5) working days of the occurrence step 1 meeting. OPEIU shall have five (5) working days from the date of such grievable incidentthe supervisor's response to forward a written complaint to the next step in the grievance procedure. The grievance shall be considered as finally disposed of, unless it is appealed to the next step within the time limits herein set forth. Step 2 If the 1st step of the grievance procedure is bypassed or upon appeal from the 1st step of the grievance procedure, Representatives of the Union and Employer shall meet within five (5) working days after the filing of the grievance or the grievant’s knowledge notice of appeal. In the occurrence. The supervisor will schedule event of failure to reach a meeting on satisfactory solution to the grievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to provide such meeting within five (5) days of the requestworking days, the claim or complaint may grievance shall be formalized in writing considered as provided hereunderfinally disposed of, unless mediation is requested. Step 23 The Union representatives and the representatives of the Employer, together with an impartial mediator, mutually agreeable to both parties, shall meet and discuss the grievance within three (3) working days from the date the grievance is submitted to this Step and the mediator has been picked by the parties. A formalized grievance The mediator shall be submittedgiven three (3) days to mediate the dispute. If no successful resolution of the grievance is reached in this Step, in writingthe grievance may be submitted to arbitration by either party, upon notice to the other. The notice to arbitrate must be submitted within ten (10) days from the date the mediator is unable to resolve the issue. The parties shall share equally all compensation and expenses of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance mediator. Step 4 An impartial arbitrator shall be sent to selected from a panel supplied by the Union and American Arbitration Association upon the immediate supervisorrequest of either party. The immediate supervisor parties shall, within five (5) days of the receipt of the grievance, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Union. Step 3. If the Union is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within five (5) working days of receipt of such panel, make a selection of an arbitrator. In the written grievanceevent the parties cannot agree, the grievance American Arbitration Association shall be transmitted petitioned to the superintendent appoint an arbitrator. This arbitrator shall render a decision within five thirty (5) days of the receipt of the Step 2 answer. Within seven (730) days after the grievance case has been so submitted, the superintendent shall meet with the Union on the grievanceheard. The superintendent, within five (5) days after the conclusion decision of the meeting, arbitrator shall render a written decision thereon with copies be final and binding on both parties. Section 15.02 The parties shall share equally all compensation and expenses of the arbitrator. Each party shall bear individually the expense of preparing its own case. The Employer shall pay up to one day's lost wages for the Union and shop ▇▇▇▇▇▇▇ to attend an arbitration hearing. Any additional lost time for employees attending the grievant(s)hearing shall be the responsibility of the Union.

Appears in 1 contract

Sources: National Agreement

Grievances. A claim or complaint by a bargaining unit member, or group of bargaining unit members, or the Union, stating that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement, or any established practice which is two (2) or more years’ duration, may be processed as a grievance as hereinafter provided. Step 1. In the event that a unit member or The Company and the Union believes agree that a grievable incident has occurred, it is most desirable to resolve misunderstandings and disputes through discussions between the member or employee and the supervisor. Both the Company and the Union shall request encourage employees to discuss their complaints with their supervisors so as to resolve differences quickly and directly without necessarily having to resort to the following formal process. Further, the Union is encouraged to raise matters with Senior Management, prior to filing a meeting with the supervisor involved grievance, to seek a resolution. Formal grievances, whether individual or executive, shall be raised within five thirty (530) days of the occurrence of such grievable incidentdate on which the grievance becomes apparent, or ought to have become apparent. In cases where the grievant’s knowledge Union and Senior Management are engaged in the process set out above, the timeline of 30 days will commence once the occurrenceprocess is exhausted. The supervisor will schedule a meeting Grievances shall be in writing on the approved grievance within five (5) days form and shall be dealt with in the following manner without stoppage of such request. work: STEP 1 - The supervisor or designee grievance shall answer the complaint or grievance within two (2) days following the meeting. If the grievant is unsatisfied be taken up with the answer or the supervisor fails or refuses to provide such meeting employee’s out-of-scope Manager, who shall render a decision within five three (53) working days of the requestreceipt of the grievance. Executive grievances (those submitted by the Union organization rather than by an individual) and grievances which involve a dismissal or a suspension in excess of seven (7) calendar days, the claim or complaint may be formalized in writing as provided hereundershall dispense with Step 1. Step 2. A formalized grievance shall be submitted, in writing, within ten STEP 2 - Within seven (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the Union and the immediate supervisor. The immediate supervisor shall, within five (57) days of the receipt of the grievancedecision in Step 1 in the case of individual grievances, render a written decision. A copy of this decision shall be forwarded to the grievant(s) and the Union. Step 3. If the Union is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within five thirty (530) days of receipt the date on which the grievance became apparent or ought to have become apparent in the case of the written grievanceexecutive grievances, the grievance shall be transmitted taken up with the Management Designate, as specified by the Publisher from time to the superintendent time, who shall render a decision within five (5) days of the receipt of the Step 2 answer. Within seven (7) days after working days. In grievances which involve a dismissal or a suspension which exceeds seven (7) calendar days, the Company and the Union may combine steps two and three of the grievance has been so submittedprocedure to expedite the matter. STEP 3 - In the event that a decision is not rendered within seven (7) working days, or the decision does not lead to resolution in the view of the parties, the superintendent General Secretary of the Union or designate shall meet immediately consult with the Union on the grievancePublisher of Western Producer Publications Limited Partnership or designate. The superintendent, If settlement is not achieved within five a further fourteen (514) working days after the conclusion of the meeting, shall render a written decision thereon with copies it may be submitted to the Union and the grievant(s)arbitration as hereinafter provided for.

Appears in 1 contract

Sources: Collective Bargaining Agreement